Funding your clinical negligence case

Understanding all the costs involved

We know from experience that the cost of funding a clinical negligence claim is often a great concern for clients.

We offer a free, no obligation, 30-minute appointment with an expert solicitor. During this appointment we can discuss the circumstances of your potential claim. Drawing upon our specialist legal expertise and medical knowledge, we will give you our assessment of how successful your claim is likely to be, so that you can plan for the future.

If we can help you with a clinical negligence claim, we will talk to you about the best way for you to fund the cost of your case. We understand that the legal cost of bringing a claim is extremely important and a worry for some people initially.

There are various options for funding a case. It is important that you choose the right option for you and your financial protection. Not all options will be right for every client, so we will give you detailed, tailored advice specific to your case and circumstances. We will always be clear about the options open to you. There is no pressure to agree to a particular option.

‘No win no fee agreements’ – Conditional Fee Agreements

We act for many of our clients under what is commonly known as a ‘no win no fee agreement’. The technical name is a Conditional Fee Agreement (CFA). This allows you to start a claim without having to contribute at the outset towards your legal fees or expenses. The principle behind all CFAs is that the solicitor will not charge legal fees to a client who loses their case (i.e. does not win compensation). Some legal costs (the success fee) are paid by the client, out of their compensation. A contribution is also paid by the defendant.

Solicitors differ in their approach to what they will ask their client to pay. Some charge only the ‘success fee’, but others also charge the ‘shortfall’ of other standard legal fees if the Defendant does not pay all of those. Jobling Gowler Solicitors only charges our clients the ‘success fee’, which is never more than 25% of compensation. It is also worth noting that we do not apply a success fee to any future financial losses (which in clinical negligence claims, can form a significant part of the overall compensation received).

CFAs are often accompanied by legal expenses insurance policy to protect clients against specific risks which compensation claims can involve. We work with insurance companies and can secure a policy of insurance on your behalf to protect you financially, if that is the best option for you. We will advise you of the costs associated with such a policy at the outset. If you choose to take out a policy of insurance, the insurance company will only charge you an insurance premium if you win your case. If you lose, you pay nothing.

Pre-existing legal expenses insurance

We act for some clients whose car or house insurance company pays the legal costs of their case. Some bank accounts and credit cards also include such insurance. We will always ask you to check all of the insurance policies you had in place at the relevant time. This is in order to check whether you might have this cover as part of a pre-existing insurance policy. If you do, we will talk to you about the specifics of your policy and help you to decide whether it is the best option for you to claim against this policy. If you do have this insurance, you are free to choose the solicitor you want to represent you, even if your insurer says you should use a solicitor of their choosing.

Legal Aid funding

Jobling Gowler Solicitors is one of the few firms in the region able to offer Legal Aid on eligible medical negligence matters.

Unfortunately, Legal Aid is only available when the negligence has arisen during the pregnancy, at birth (or shortly afterwards) which has resulted in a neurological injury to that child. These are cases where a baby has tragically suffered a brain injury as a result of a negligent delivery or birth. There are also very rare exceptions when a form of Legal Aid funding known as “exceptional funding” can be applied for, broadly where a point of public importance is raised from a case. We can advise you if your case would be eligible for any public funding during your initial consultation with us.

Private funding

On some occasions we would seek to agree an initial fixed fee. This enables us to undertake initial investigations, including obtaining preliminary evidence. Following these investigations, we would then discuss the available options open to you, including funding options.

On occasions, we have acted for some clients who have chosen to privately fund their claim. If they win their case, we will seek recovery of the legal fees from the Defendant, with which we would expect to reimburse our client. It is rare for a client to choose to fund their case privately but in certain circumstances clients decide it is the best option for them.

We will listen to your needs and seek to provide the best possible advice for you

If we can help, we will talk to you about the best way forward, including funding options open to you.

It may be possible to meet with you at your home or at a neutral venue.

We are happy to talk to you on a no-obligation basis if you already have a solicitor, but you are unhappy. We may be able to take over matters where you are unhappy with your existing solicitors. For case studies where we have positively transformed cases for our clients please click here.

If you choose to instruct us, one of our partners and their expert team will represent you. You will have a qualified solicitor as your primary contact. Your solicitor will be working with your named partner to achieve the best possible outcomes for your case. In some complex cases, the named partner will also be your primary contact. We will keep you updated on the progress of your matter, throughout.

Medical or clinical negligence can be a difficult thing to move on from. You can rest assured that by instructing Jobling Gowler Solicitors, you would be in the best possible hands. To read about the support we have provided to other clients in their time of need click here.

Whatever your case, please contact us and we will work with you to help you get the justice you deserve.

For more information about our expert team, meet the Clinical Negligence Team