What is No Win No Fee?

A conditional fee agreement (CFA) is commonly known as a No Win No Fee agreement. Basically, it allows you to pursue a medical negligence compensation claim safe in the knowledge that if the claim is unsuccessful, you won't owe any money.

It's a way of helping you to seek rightful compensation, without having to take any financial risks.

What happens if I lose a No Win No Fee medical negligence claim?

A No Win No Fee agreement covers you from having to pay your legal fees should you lose your case. This means in the event that you did lose your case, you wouldn’t be charged.

When funding your case through a No Win No Fee agreement, we also take out an insurance policy known as After the Event insurance (ATE) on your behalf to cover any additional costs, such as court fees. Again, if you did lose your case, you wouldn't have to pay the premium of this policy, meaning you wouldn’t have to pay a penny.

An exception to this rule would be if the court decided that you had acted dishonestly or maliciously in making the claim or if you're found in breach of your agreement. In this case, you might be liable to pay costs. However, we always discuss every case thoroughly with our clients before pursuing them, and always make sure we have the facts from the very beginning.

How much will my solicitor get paid if I win my medical negligence claim?

If you win your case, the negligent party will pay the majority of our costs. The amount of costs we would charge them would depend on how many hours of work had been undertaken in order to win your case.

It could be a straightforward case which takes several months to reach a successful conclusion, or it could be a complex case with serious injuries which takes several years. You will pay any shortfall between the costs that we incur and the costs that we can claim back from the other side but only if you win the case and we set a cap on how much you will have to pay from your compensation in legal fees so that you have certainty from the outset.

When solicitors take on cases on a No Win No Fee basis, they run the risk that if the case is lost, they won't get paid for any of the work they’ve done. This is why when taking on that risk, if successful, law firms can charge a fee, known as a success fee. However, we’ll agree any success fee at the start of any No Win No Fee claim. This is usually capped at a small percentage of the compensation that might be won.

Is legal aid available for medical negligence cases?

Legal aid is a Government funding initiative in the UK to help people pay their legal fees. Legal aid is unfortunately not available for the vast majority of medical negligence cases.

However, there are a small amount of cases where it is. In cases where a child has suffered from a neurological injury at birth or within the early neonatal period, such as cerebral palsy, Slater and Gordon are able to apply for legal aid. It’s important to note that not all law firms are able to offer legal aid funding, but Slater and Gordon are an exception.

Once we have taken details of the case from you, we’ll be able to advise you whether or not legal aid is available.

Why choose Slater and Gordon for a medical negligence claim?

Our medical negligence team are one of the best in the country and are highly ranked in independent legal guides such as Chambers and Partners and Legal 500.

The team is highly experienced in dealing with medical negligence claims and can provide you with the best possible service, not only ensuring that you get the best outcome to your case, but also that you receive the treatment and additional support you need to assist with your recovery.

Contact our friendly advisers who will provide you with all the information you need to make a medical negligence claim.