Medical No Win No Fee Claims

What Are Medical “No Win, No Fee” Claims?

Medical “No Win, No Fee” claims for compensation are a popular title given to conditional fee agreements, in which a solicitor will waive their fees for legal services if a claim you make for medical negligence compensation is not successful. Although Legal Aid is available for certain medical negligence compensation claims, solicitors have been offering medical “No Win, No Fee” claims for compensation since the mid-1990s and they have now become the most commonly used process for recovering compensation when you – or somebody close to you -have sustained an injury due to the negligence of a medical practitioner who owed you a duty of care.

There are sometimes misconceptions among claimants about what liabilities and responsibilities they may have when making a medical “No Win, No Fee” claim for compensation. This article intends to clear up some of these misunderstandings however, due to changes in the way medical “No Win, No Fee” claims for compensation are going to be managed after the Legal Aid, Sentencing and Punishment of Offenders Bill 2012 becomes law, it is in your best interests to speak with a solicitor at the first possible opportunity after you – or somebody close to you – have been diagnosed with an injury or the deterioration of an existing condition due to the poor professional performance of a medical practitioner.

How Does a Medical “No Win, No Fee” Claim Work?

When you make any claim for medical negligence compensation, should your claim be successful, your legal costs are paid by the medical practitioner or – most commonly – by his or her insurers. A medical “No Win, No Fee” claim works due to your solicitor deferring their fees for legal services until such time as the conclusion of your medical negligence claim is known. Should you win your medical “No Win, No Fee” compensation claim, your solicitor will collect their fees for legal services from the medical practitioner´s insurers whereas, if your claim is unsuccessful, your solicitor´s fees for legal services will be waived.

Medical No Win No Fee Claims It is important to understand that if your medical “No Win, No Fee” claim is unsuccessful you will be personally liable for the medical practitioner´s legal expenses and possibly your solicitor´s costs incurred in preparing your claim. Consequently, medical “No Win, No Fee” claims solicitors will ask what legal fees insurance you already have prior to offering you “No Win, No Fee” legal representation and, if it is considered to be potentially inadequate, will recommended that you get additional protection via “After the Event” insurance.

“After the Event” insurance protects you from exposure to financial liabilities in the event that you lose your medical “No Win, No Fee” claim and, with many policies of this type, you will be permitted to defer the premium for the insurance policy until your claim for medical negligence compensation is resolved. Should your medical negligence claim be successful, the premium for the policy will be paid by the medical practitioner´s insurers whereas, should you lose your medical “No Win, No Fee” compensation claim, the premium for the policy will be paid by the policy itself.

Who is Eligible to Make Medical “No Win, No Fee” Claims

Anybody who has sustained a loss, an injury or the deterioration of an existing condition which “on the balance of probabilities” has been caused by the actions – or lack of them – of a medical practitioner is entitled to make an medical “No Win, No Fee” claim for compensation. Your solicitor will offer you “No Win, No Fee” legal representation if he or she believes that there is at least a 75 percent chance of your medical negligence claim being successful and, although the option of a medical “No Win, No Fee” compensation claim is not a guarantee of success, it does indicate that your solicitor feels you are more than likely to recover compensation for your injuries.

If a solicitor declines to represent you in a claim for medical negligence compensation on a “No Win, No Fee” basis, it does not automatically mean that your claim is not worth pursuing. After an initial assessment of your claim has been made, your solicitor may consider that the resources required to prepare your medical negligence claim would be too great to justify “No Win, No Fee” legal representation and he or she would normally suggest other funding options to you.

Free Legal Advice about Medical “No Win, No Fee” Claims

If you have suffered a loss, an injury or the deterioration of an existing condition which you believe is due to the negligence of a medical professional, you are invited to call our Medical Negligence Solicitors Service on our phone number and discuss the circumstances of your injury with a medical “No Win, No Fee” claims solicitor. Our solicitor will answer any questions you may have about the process for making medical “No Win, No Fee” compensation claims and how you can protect yourself against financial liability should you lose your medical “No Win, No Fee” claim.

Telephone lines to our Medical Negligence Solicitors Service are open twenty-four hours a day, seven days a week and once you have spoken with a medical “No Win, No Fee” claims solicitor you are not under any obligation to proceed with a medical “No Win, No Fee” compensation claim. Furthermore, all calls to our Medical Negligence Solicitors Service are completely confidential and any personal information you share with us will not be disclosed to any other party.

See also: http://www.injury-compensation.ie/medical-negligence-claim/