How does no win, no fee work for medical negligence?

No win, no fee for medical negligence usually means a Conditional Fee Agreement (CFA): if the claim does not succeed, you typically do not pay your solicitor’s usual fees, subject to the written terms you agree at the start. It is a funding arrangement for cases assessed as having sufficient merit — not a guarantee of compensation.

If the claim succeeds, the other side will usually be ordered or agree to pay a contribution towards your legal costs. Your solicitor may also deduct a success fee from your damages. In personal injury claims, including many clinical negligence cases, the success fee that can be taken from compensation is subject to legal limits (commonly capped at 25%). You should always be given a clear explanation of likely deductions before you sign.

What “no win, no fee” does — and does not — cover

A CFA mainly concerns your solicitor’s fees for running the claim. Other costs still need a clear discussion at the outset, including:

Ask who pays for reports if the case cannot proceed, when any insurance premium becomes payable, and whether you might face the other side’s costs in any circumstance. In many personal injury claims, Qualified One-Way Costs Shifting (QOCS) offers important protection if you lose, but it is not absolute and can be lost in limited situations (for example, fundamental dishonesty or certain rejected offers). Your solicitor should explain how this applies to your case.

How we decide whether a CFA is suitable

Clinical negligence work is evidence-heavy. Before offering no win, no fee funding, a solicitor will usually need enough information to assess prospects — often including medical records and, where appropriate, an early expert view on breach of duty and causation. A CFA is not suitable for every enquiry: the likely value may be too low to justify expert costs, liability may be too uncertain, or another funding route (such as legal expenses insurance on a home policy) may be better checked first.

An honest assessment protects you from pursuing a weak claim and protects the firm from funding work that cannot reasonably succeed. You should never feel pressured to sign before the costs and risks are clear.

What happens after you instruct us

Once a CFA is in place and the case proceeds, typical next steps include obtaining full records, instructing independent medical experts, sending a Letter of Claim under the clinical negligence pre-action process, and negotiating with the NHS trust (often via NHS Resolution) or private defendant. Many claims settle without a full trial, but preparation should still be thorough.

Limitation still applies. In England, most adult claims must be issued within three years of the negligence or date of knowledge. Funding does not pause that clock.

Questions to ask before you sign

• What happens financially if I lose?
• What deductions could be made from damages if I win?
• Will I need to fund any disbursements during the claim?
• Is ATE insurance recommended, and who pays the premium?
• Who will handle my case day to day, and how will I be updated?

Want the arrangement explained in plain English for your situation? Call Cooper Hall Solicitors on 0333 777 5001, use our contact form, or speak with Farhan Khan. We offer a free initial consultation and no win, no fee options in suitable medical negligence cases for clients across England.

• Disbursements — such as medical records fees, court fees and independent expert reports
• After the Event (ATE) insurance — where appropriate, to help protect against certain adverse costs or disbursement risks
• Success fee — if you win, a percentage of damages may be deducted under the agreement, within legal limits