Funding Medical Negligence Claims

There are various ways to fund a claim but we promise that we will always recommend the option that makes the most financial sense to you and will enable you to achieve the maximum compensation.

If you are concerned about treatment you have received then our lawyers can assess your case and advise you of the best way forward, all for free and with no obligation to take things further with us.

Call us free on 0800 054 6512 or fill in our contact form for a call back, and we can assess your circumstances and give you free advice on the options available.

The options for funding your claim include:

A ‘no win, no fee’ agreement (Conditional Fee Agreement or CFA)

A no win, no fee agreement is a very good option for most people wishing to make a claim and we are happy to take many cases on this basis. We can provide a free assessment to tell you whether your case is eligible and talk you though what is involved.

A no win, no fee agreement means you do not have to worry about paying legal costs as we only get paid if we win your case. If you lose then you will not have to pay a penny towards the cost of your case, or the legal fees of your opponent, as long as you take out insurance from our recommended provider.

If you are successful, some of your legal expenses are recoverable from the other side. For any of your costs that are not recoverable we will cap the amount taken from your compensation so that you get the fairest possible deal.

We will not ask you to pay a penny towards the cost of bringing your claim until we have won your case. This means you will not be asked to pay for any case essentials such as reports from medical experts.

There are no hidden costs involved in bringing a claim with us and we promise that you will be our number one priority at all times. Remember a no win, no fee agreement means there is absolutely no financial risk to you and you will get the fairest possible deal.

Other options for funding a claim

  1. Trade Union Funding

    It is possible to fund claims using trade union funds, as some trade unions provide their members with legal expenses cover for compensation claims following accidents that were not their fault.

    If you are unsure of whether your trade union provides funding, let us know and we will make enquiries on your behalf.

    If you are not currently a member of a trade union but were at the time the instance of clinical negligence occurred, it may still be possible to claim legal expenses funding from the union.

    If you are not a member of a trade union and never have been, or your union does not provide legal expenses cover for claims of this type, our solicitors will be happy to discuss the range of alternative funding options available, including legal expenses insurance, legal aid, ‘no win, no fee’ agreements and private funding.

  2. Private Funding

    If you choose to privately fund your claim our solicitors will discuss rates and cost projections with you in detail during an initial consultation. As experienced lawyers we always ensure our clients are fully aware of the potential cost of their claim, and have the appropriate funding in place before beginning the legal process.

    Although claims can be expensive, some of our clients choose to privately fund their case. Typically this is because there are no other funding options open to them, such as legal aid, ‘no win, no fee’ or they have a Legal Expenses Insurance policy.

    If you are considering funding your claim privately, our solicitors will discuss costs in detail with you once an assessment of the claim has been made.

    We regularly help the victims of negligent doctors, nurses and healthcare professionals claim the financial compensation they deserve.

  3. No win, no fee

    It may be possible to fund your claim on a ‘no win, no fee’ basis (also known as a conditional fee agreement). JMW Solicitors’ experienced lawyers will be happy to advise you on the funding options available to you during a free initial consultation.

    We judge each case on its own merits; if we feel that your claim warrants a conditional fee agreement, we will let you know at the beginning.

    A conditional fee agreement is an agreement made between the solicitor and the client, which states that if the client’s case is unsuccessful they will not be charged for the solicitor’s time.

    All arrangements for payment of legal fees will be agreed with your solicitor prior to commencing your claim.

  4. Legal Expenses Insurance

    Because claims can be expensive it is possible to purchase legal expenses insurance, which covers the cost of things like solicitors’ and medical experts’ fees. Legal expenses insurance effectively protects you from incurring excessive costs following a claim.

    Legal expenses insurance (LEI) does not make a direct payment for a claim; rather, it covers all legal costs associated with your claim. Therefore, if it becomes necessary to employ the services of an expert witness such as a doctor or physiotherapist to attest to the severity or nature of your injuries, LEI will cover their fee. LEI is also designed to cover other legal costs, such as solicitor’s and barrister’s fees.

    Our lawyers will be happy to discuss LEI and all other funding options over the phone, or in person, during a free initial consultation.

  5. Legal Aid

    Certain claims relating to patients who suffered brain damage as a baby may be eligible for legal aid to cover the cost of bringing a case. JMW Solicitors’ experienced team will be happy to provide advice and guidance regarding your eligibility for legal aid.

    Our solicitors will explain public funding eligibility requirements and provide clear, easy-to-understand legal advice on the claims process, ensuring you have all the necessary information to make an informed decision about whether to pursue a claim.

    In order to determine whether you are eligible for legal aid, you will need to supply the following information:

    • information about your (and your partner’s) income and expenses;
    • details of any benefits you receive;
    • details of any savings you have;

    If you are eligible, our experienced team will make the application on your behalf, keeping you updated at every stage of the process.

Contact JMW to make a claim

To discuss how your claim can be funded, contact the experienced lawyers at JMW on 0800 054 6512 for a free initial consultation, or complete the online contact form and we will get back to you. To read more about how we can help you, click here.

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