Anyone who has suffered an injury or illness due to negligent treatment by a healthcare professional is entitled to make a medical negligence claim. This is pretty straightforward as most people are aware of their legal rights in cases like this. However, the cost of seeking legal support is what discourages many from making medical negligence claims even if they know the injury was through no fault of their own.
The “No Win No Fee” agreement was introduced to solve this problem and give everyone a level playing ground when it comes to seeking due compensation, even if they do not have the financial capacity to make the upfront payments required to hire a solicitor.
What is a No Win No Fee Agreement?
A No Win No Fee agreement, also known as a conditional fee agreement, is a contract between you and your NHS negligence solicitor. Under this arrangement, you will be able to make an NHS negligence claim without having to pay the legal fees. When you and your solicitor enter into such an agreement, it essentially means they are willing to cover all the legal costs of your NHS claim. In other words, they take on the risks associated with your case, while you are expected to pay a ‘success fee’ if your case is successful.
How Does a No Win No Fee Agreement Work?
A No Win No Fee agreement means we are taking out an insurance policy known as After the Event insurance (ATE) on your behalf before starting your claim. This insurance policy protects you if the NHS compensation claim is unsuccessful and covers any costs incurred, including medical reports, court fees and other expenses. During the medical negligence UK claims process, you will also not have to deal with any hidden costs incurred.
You will only ever pay a fee if your no win no fee NHS negligence claim is successful, and your opponent will likely cover most of the legal costs. Any remaining costs will be deducted from your final compensation award. At NHSnegligenceclai.com, our no win no fee solicitors will advice you on this before starting your claim, so there are no surprises.
What is ATE Insurance and Do I Need it?
After The Event insurance is an insurance policy designed to protect claimants against the adverse costs of making a claim. Your solicitor will likely advise you to take an ATE alongside your no win no fee agreement to cover costs such as medical reports, court fees, etc.
A rule known as Qualified One-way Costs Shifting which was introduced in April 2013 protects a losing claimant from bearing the defendant’s costs, save for a few circumstances. While this has made ATE insurance less important for claimants, it is still a product that should be considered and discussed with your solicitor. The cost of an ATE insurance policy is unique to the nature of the case, and your solicitor will help you manage this process.
How Much Will I Have to Pay if I Win?
If your case is successful, the defendant will likely cover most of your fees for legal representation. You may also have to pay a success fee to your solicitor if you win. The success fee is a percentage (no more than 25%) of your final compensation amount, and this amount is assessed by the panel law firms, depending on the case involved. When deciding the success fee amount, each panel law firm will consider the potential level of damages, cost of making the claim, level of risk involved and the timescale for resolution of the case.
Will I Have to Pay Any Other Fees?
As noted above, a success fee will be deducted from your compensation award if you win. In addition to this fee, you will likely have to pay a termination fee in the event that you terminate your no win no fee agreement outside the cancelation period. It is important that you discuss the no win no fee arrangement with your solicitor so you understand your rights and can make an informed decision.
Will You Act on My Behalf on a No Win No Fee Basis?
Yes. At NHSnegligenceclaim.com, we handle a wide range of NHS negligence claims on a No Win No Fee basis because we possess the knowledge and experience to know when a case has valid grounds for a claim, and are confident in our abilities.
So, if you have suffered an injury due to negligence on the part of a medical professional at the NHS, our friendly no win no fee solicitors will be happy to talk to you about claiming on your behalf.
Why Choose Our No Win No Fee Solicitors?
NHSnegligenceclaim.com is proud to support the injured and vulnerable, and we have a high success rate. Every year, we lead the charge on behalf of victims of NHS negligence to help them secure the maximum compensation they deserve.
We are very transparent about our fees – this is a key part of our pledge. Our friendly solicitors have fought for the rights of many who have suffered through medical negligence and will be happy to help you seek justice. What’s more, we’ll provide free, no obligation advice when you contact us, and there are no hidden costs when making a claim with us. You also incur no financial risk if your case is unsuccessful, we’ll work to ensure your legal costs are minimal by recovering as much as possible from the defendant and do everything to help recover the maximum compensation possible.