Trusted providers of legal services for over 70 years

How do ‘No win, no fee’ & legal costs work for medical negligence claims?

Medical Negligence

Clients will understandably want to know what the legal costs are that they face in respect of their claim. Our friendly Solicitors, Legal Executives and representatives of Ward & Rider Solicitors will explain to you the various options at the start of our meeting.

Most of our clients are eligible and will want to enter into a No Win No Fee Agreement. This is also known as a Conditional Fee Agreement. We are, of course, specialist accident injury lawyers who take on personal injury and medical negligence cases based on the merits of each individual’s case and the chances of success that they have. We work on the basis that our Client’s are honest and genuine and in such cases, under a No Win No Fee Agreement, you will not have to pay a penny to us if you lose your case. Furthermore, as part of this agreement, you will not have to advance us any money to fund your claim.

If you win your claim, the Defendant will pay the majority of your basic legal costs and disbursements, which include Court fees, medical report fees, fees for the release of medical records and other experts fees. If you win, any legal costs that are not paid by the Defendant will be deducted from any compensation awarded to you but, it is important to remember that we would not deduct more than 25% of the compensation which has been awarded to you. You will not pay us anything until you have won and the compensation is received. Any disbursements that we cannot recover from the Defendant will be recovered from insurance.

Our belief is that the No Win No Fee Agreement, also known as the Conditional Fee Agreement or CFA for short, gives our Clients the peace of mind and confidence to pursue a personal injury claim arising out of an accident or medical negligence.

Some individuals will prefer to proceed by paying legal costs as they proceed with a case. The disadvantage in proceeding in this manner is that if you are unsuccessful potentially you will face an exposure to the Defendant’s costs as well as paying for the other lawyer’s legal costs and disbursements as you continue. The advantage is that there is not a deduction from any compensation which is awarded.

Another alternative is that people may have the benefit of pre-existing legal expense insurance cover which would cover your lawyer’s fees. However often such policies have caps in respect of charge out rates and what could be charged and consequently there may still be a charge to your compensation to cover the shortfall in costs.

In conclusion, the vast majority of our clients will opt for the No Win No Fee Agreement (also known as Conditional Fee Agreement or CFA) to help them pursue their claim. If you have suffered a personal injury through no fault of your own, or have experienced medical negligence, contact our specialist team today.

Similar questions:

How should Wills, Trusts, Estates or Inheritance Disputes be approached?
What does the Certainty Register do?
How is a Will made?

Still have questions?

One of our expert solicitors would be happy to provide answers. Get in touch with Ward & Rider Solicitors today to speak to us, or to book a consultation.