How Can I Fund A Personal Injury & Medical Negligence Claim?

When you decide to make a claim, you make provisions to fund it. This article tells you the different personal injury and medical negligence claims funding options available to you.

There are some funding options that allow you to start your claim immediately without paying exorbitant legal costs. However, please note that different cases may require different funding options. Speak to our legal team today.

All You Need To Know About Funding Medical Negligence Claims

Before you think about how to claim for hospital negligence or sue a medical professional, you need to know how you are going to fund it. Proving some cases may require medical negligence expert opinion and this can be costly. 

Some medical negligence claims can be quite complex and expensive and funding options may not be available. Below are some of the available funding options for medical negligence claims we will be discussing in detail.

• Legal Aid Or Public Funding
• Private Funding
• Contingency Fee Funding
• Trade Union Funding
• Legal Expenses Insurance
• Damages-based Funding Agreement
• Third-party Litigation Funding
• Exceptional Funding

Legal Aid Or Public Funding

This is a funding option where public funds are used to assist victims who wish to pay for legal costs. Suing the nhs for medical negligence using public funds can be accessed by those who cannot afford a lawsuit. Not all cases qualify for legal aid except for cases with a high chance of success.

In order to access legal aid or public funding, a claimant must go through a financial eligibility test, which is called means testing depending on the type of case. Legal aid is often given by a firm not an individual, usually contracted within the relevant jurisdiction.

Who Makes Legal Aid Available?

• The government provides information about legal aid providers. A Legal representative from one of the legal aids providers will help you apply for funds with the legal aid agency. 
• Once your application is submitted and you qualify then your legal expenses will be paid directly by the government with a legal aid certificate.
• Legal aid may not be granted if you do not meet certain requirements. Unfortunately this funding option may not be available for most types of medical negligence or personal injury compensation claims.

Private Funding

Private Funding is a funding option where a claimant pays all legal fees directly to a firm or solicitor. If you’re funding a medical claim privately, you may be given a fixed fee with a flexible payment plan. However, a client has a chance to negotiate with the Law firm or the solicitor they hire.

With several options available, you could decide to fund a medical claim yourself. This means a claimant takes the responsibility of paying all personal injury fees in a lawsuit. Find out how you could fund your negligence claim by reaching out to us.

Contingency Fee Funding

Claiming for personal injuries caused by nhs negligence or hospital negligence, or proving doctor negligence can be a daunting process that requires funds. Legal costs for lawsuits can be quite high especially for those who do not have the funds but wish to seek justice for medical negligence damages done to them. 

Contingency fee funding is an opportunity for victims to seek justice regardless of their financial capability. It is also known as the conditional fee agreement or no win no fee medical negligence claims. We will assist you with the medical negligence advice you need if you decide to claim using this funding option.

What Are No Win No Fee Legal Services?

This is an arrangement legally binding between a claimant and the firm or a personal injury solicitor. It states that a client will only pay legal fees when their case is successful. This means that no upfront fee is charged initially until you win the case. A solicitor will take the risk of handling your case and may not get paid if they lose the case. 

However, there is a conditional fee agreement percentage known as success fee that solicitors receive if they win the case. This is usually 25% of the total compensation awarded to claimants. Therefore, if you claim with us, our solicitors get a success fee for any personal injury claims they win.

Trade Union Funding

It is possible to claim medical negligence compensation using trade union funds. Eligible claimants can get legal support if they need it by contacting a trade union. Trade Union members can access funds to pursue some medical negligence claims. 

Our medical negligence team will get you more information regarding claiming with this option. They will also confirm your eligibility and ensure you meet the criteria. All legal costs can be covered but may not be available for all types of medical negligence claims. Non trade members who can’t claim with trade union funds may try alternative funding options.

Legal Expenses Insurance

Another way to fund your claim is to consider buying a legal expense insurance; a type of insurance policy that can cover your ongoing lawsuit or legal expenses. If you have an existing insurance policy, check whether it may likely be used to fund your case. 

• Contact Your Insurer. 
• Verify The Terms Before Your Claim Proceedings Begin.
• Consider Purchasing ATE Insurance If You Do Not Have An Existing Legal Expenses Policy: The ATE Insurance is a type of insurance policy which covers the legal fees in court proceedings. It can be used by a defendant in a clinical negligence lawsuit or other types of claims, but mostly used by claimants.
• Consider The Settlement Fees Arrangements With Your Solicitor. With legal expenses insurance policy some solicitors can redeem their legal fees directly.

Damages-based Funding Agreement

After reviewing a claim, some law firms may decide to enter into a fee arrangement with their clients where they are allowed to pay a greater or lesser legal fee depending on how successful their case may be. In that way the legal representatives can retrieve their legal fees from the compensation award claimed on their behalf.

Damaged based funding agreement is a type of fee arrangement where a barrister’s fee is paid based on the outcome of the case. In this type of funding option, an agreement is made between a claimant and their solicitor that the legal fees depend on the success of the case and the amount of damages awarded.

Third-party Litigation Funding

Third party litigation funding is another way of funding a medical malpractice claim. A third party can decide to take care of some or all of your legal costs to be deducted from your final compensation when you win the case. Here, the third party will get a fee as prescribed by the Association of Litigation Funders in Wales and England. 

Sometimes third-party litigation funding can be considered alongside other funding options by claimants. These funds can be used to cover court fees, solicitor’s fee, reimbursements etc. A solicitor will let you know if you are eligible for this type of funding.

Exceptional Case Funding

This type of funding can be a safe option for claimants who wish to make any type of claim that is beyond legal aid funding. In some cases legal aid may still be available to you. That means, if a claimant’s case is not insured by legal aid, they could still apply to exceptional funding.

Claimants are not automatically eligible to get financial aids for their claims. To qualify for exceptional funding, you must meet the requirements. A claimant must show that they have a strong claim by going through the merit and means test. 

The Merits And Means Test

The merits test is done to show that a claim is valid and the compensation award will exceed the cost of providing exceptional funds or legal aid. On the other hand, the means test is to show whether or not a claimant is financially capable for legal aid. This is done by a legal aid agency that then reviews a claimant’s income.

If you wish to learn how to claim medical negligence in the UK with any of these funding options, contact our medical negligence solicitors. However, please note that different cases may require different funding options. Talk to our legal team for advice to know what type of funding option suits your case.

Why Choose Us?

If you believe you are entitled to lost medical records compensation or compensation for any negligent treatment you suffered and you are looking for legal assistance, we can help. We let you know the best funding option that is suitable for your case. 

At Medical Negligence Direct, if we determine you have a strong case, our solicitors won’t demand any legal fees upfront. Most of our medical negligence claims are funded on a no win no fee basis. 

You may also decide to fund your claim privately if you don’t like other available options.

Reach out to us on 0800 644 4240 to discuss your case with our team to get started. Alternatively, you can complete our quick Free Claim Assessment form and we will get back to you.