How to Fund a Medical Negligence or Personal Claim

There’s no doubt that medical negligence claims in the UK have inched higher of late, with 2019/20 seeing nearly 11.7 thousand clinical negligence claims reported to NHS England.

This represents the highest amount of clinical claims reported since 2014/15, with this increase slightly alarming when you consider the potential payouts and the infrastructure pressures that are already weighing heavily on the NHS.

But how can you fund medical negligence or personal injury claims? Here are some steps to help you on your way.

1. Start By Understanding the Cost of a Medical Negligence Claim

Before pursuing a privately funded medical negligence claim, you’ll need to understand the total costs involved.

Of course, the total cost of a claim will depend on its success or failure, but even in the case of successful claims, you may have to commit as much as 25% of your compensation payout to the settlement of costs.

This doesn’t factor in the cost of private legal advice and representation either, with this an important consideration given the fact that medical negligence and personal injury claims can last for years

Once you have an understanding of the total costs involved, you can determine the best way to proceed and start taking practical steps towards resolution.

2. Consider No-Win, No-Fee Representation

In many cases, personal injury and medical negligence claims are funded through so-called “Conditional Fee Agreements” (CFAs), which are better known to clients as “no-win, no-fee” cases.

In this instance, you’ll only pay legal costs in instances where your claim is successful, while you won’t have to contribute more than 25% of any compensation that you’re paid.

If your case is unsuccessful, you won’t pay your legal representative anything at all, removing a significant element of risk from the claims process.

Some solicitors will also help you to obtain “After the Event” (ATE) insurance, which helps with the coverage of associated costs such as experts’ fees.

3. Understand Whether You’re Eligible for Legal Aid

Typically, state-backed legal funding is unavailable for personal injury claims, but some types of medical negligence may be covered by this provision.

For example, instances, where claims are being made on behalf of children or vulnerable adults who have sustained a neurological injury and subsequent disability, may be eligible for legal aid, so it’s important to keep this in mind prior to pursuing your claim.

This could help to fund the entirety of your claim, particularly when utilized alongside the type of ATE insurance coverage we discussed earlier.

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