Table of Contents
In the financial year 2022/23, NHS Resolution received 13,784 new clinical negligence claims, equating to more than 37 daily claims. This staggering figure clearly illustrates the significant impact of medical errors, revealing how these mistakes can cause enduring physical, emotional, and financial challenges.
If you’ve been a victim of medical negligence, you may feel overwhelmed by the idea of pursuing a claim. However, with a No Win No Fee arrangement, you can seek justice without the burden of initial costs, minimising your financial risks.
In this blog, we’ll explain how a Conditional Fee Agreement works, why it’s beneficial, and how you can pursue a medical negligence claim with peace of mind.
What is a No Win No Fee Agreement?
A no-win-no-fee agreement is a legal contract requiring no fee payment unless your claim is successful. This means that if your case doesn’t win, you won’t owe any payments to your solicitor. It’s an excellent way for individuals to pursue claims without the financial pressure of paying upfront for legal services.
In the case of medical negligence, these arrangements enable victims to receive legal representation without facing the financial pressures typically associated with legal fees. A professional will work on your behalf, handling the complexities of your case while you focus on your recovery.
Typically, the solicitor charges a contingency fee, which means they’ll take a percentage of the compensation awarded if you win your case. If you don’t win, you pay nothing. This allows many individuals who might otherwise be unable to afford legal services to get justice.
In fact, 50% of clinical negligence cases against the NHS are funded through CFA, which allows victims of medical errors to access legal help without the upfront costs (source: scholarship.kentlaw.iit.edu).
What Makes a No Win No Fee Agreement Ideal for Medical Negligence Claims?
These agreements are an attractive option for many people pursuing medical negligence claims. Here’s why:
Benefit 1: No Upfront Costs
With this arrangement, you don’t need to worry about paying solicitor fees in advance. This eliminates a significant barrier for many individuals who might otherwise avoid pursuing a claim due to financial concerns.
Benefit 2: Professional Legal Support with No Financial Pressure
Choosing a top rated personal injury lawyer means you’ll have expert support to handle the complexities of your case. You’ll receive the same level of service as someone who pays for legal help upfront, but with the added benefit of knowing that you won’t pay a penny unless you win.
Benefit 3: Peace of Mind
By pursuing a contingency-based medical negligence claim, you can concentrate on your recovery while not worrying about accumulating legal costs. With your personal injury attorney negotiating, you can rest assured that you won’t be burdened with legal fees if the claim fails.
A quick look at the figures shows the potential rewards: In 2022/23, the NHS paid out £2.7 billion in clinical negligence compensation, with the average claim worth £204,672 (source: NHS Resolution). Under this agreement, such compensation could be within reach, making it an appealing option for many individuals.
Read more: What is a No Win No Fee Agreement, and How Does It Work?
Types of Medical Negligence Claims Eligible
Medical negligence claims can take many forms, and contingency fee arrangements apply to various cases. The most frequent types of medical negligence claims are as follows:
- Misdiagnosis and Failure to Diagnose: In cases where your doctor either missed or incorrectly diagnosed your condition, causing harm, you may have the right to file a claim.
- Surgical Errors: Mistakes made during surgery, such as performing the wrong procedure or causing unnecessary damage, may serve as grounds for a claim.
- Birth Injuries: Medical errors during childbirth can cause long-term complications for both mother and child. These cases are prevalent in obstetrics, where 13% of clinical claims were made in 2022/23.
- Delayed Treatment or Wrong Medication: Errors in medication prescriptions or treatment delays can result in severe consequences, potentially entitling patients to compensation.
Because these cases often require extensive legal and medical knowledge, risk-free legal agreements allow individuals to pursue claims without the financial burden. 50% of clinical negligence cases against the NHS are funded this way, reflecting these agreements’ widespread availability and effectiveness. (Scholarship.kentlaw.iit.edu).
Step-by-Step Guide to Pursuing a Risk-Free Legal Agreement Medical Negligence Claim
If you’re considering a medical negligence claim under a no upfront cost legal arrangement, here’s a simple step-by-step guide to help you through the process:
Step 1: Initial Consultation
Your first step is to schedule a free consultation with a solicitor. This is an opportunity to discuss your case, understand the potential for success, and get an assessment of your claim without any financial commitment.
Step 2: Evidence Gathering
Once you decide to move forward, your solicitor will gather all necessary evidence to support your claim. This may include medical records, witness statements, and expert opinions to establish negligence.
Step 3: Assessing the Claim
Your personal injury attorney will assess the strength of your case. They’ll explain the compensation you could receive and the time it might take to resolve the claim.
Step 4: Negotiation
Most medical negligence claims are settled through negotiation, which means your solicitor will work to secure the best possible settlement on your behalf. This arrangement incentivises the solicitor to win your case, as their fees depend on the outcome.
| Step | Action | Details |
| 1. Initial Consultation | Meet with a solicitor | Discuss the details of your case. The solicitor will assess your valid claim and explain your legal options. |
| 2. Evidence Gathering | Collect medical records and other relevant documents | The solicitor will gather all necessary evidence, such as medical records, test results, and witness statements. |
| 3. Claim Evaluation | Review the strength of your case | The solicitor will evaluate the evidence and estimate your potential compensation. |
| 4. Agreement Signing | Sign the No Win No Fee agreement | You’ll sign an agreement confirming that legal fees are only payable if your case is successful. |
| 5. Negotiation | Negotiating with the defendant’s legal team or insurance company | The solicitor will attempt to settle the case outside of court by negotiating a fair compensation on your behalf. |
| 6. Court Representation (If Needed) | Court proceedings if settlement isn’t possible | If a settlement can’t be reached, your solicitor will represent you in arguing your compensation case. |
| 7. Compensation Awarded | Receive compensation | If the claim is successful, compensation will be awarded, and your solicitor will deduct their agreed-upon fees from it. |
| 8. No Fees if Unsuccessful | If the case is lost, no legal fees are owed | In case of a failed claim, you won’t have to pay any legal fees, per the No Win No Fee agreement. |
Step 5: Court Representation (If Necessary)
Your solicitor will represent you in court if a settlement cannot be reached. They will use their expertise to build a strong case and fight for your compensation.
Throughout the process, your solicitor will only be paid if you win your case, making this a risk-free option for many individuals pursuing justice.
The Risks and Rewards of No Win No Fee Agreements
While contingency-based legal agreements have many advantages, it’s crucial to consider their potential risks and rewards.
Risks:
- Limited Financial Risk: The main risk is the contingency fee, which will be a percentage of your compensation. This fee can be substantial, but it’s only due if your claim is successful.
- No Guarantee of Success: Just because you pursue a claim doesn’t guarantee that you’ll win. However, your solicitor will evaluate your case to ensure it’s worth pursuing.
Rewards:
- No Upfront Legal Costs: You can pursue a claim without paying any upfront legal fees.
- Potentially Significant Compensation: If successful, compensation can cover medical costs, lost wages, and emotional distress. For example, NHS claims in 2022/23 had an average payout of £204,672.
- Access to Justice for Everyone: By eliminating financial risk, risk-free legal arrangements ensure that anyone, regardless of their financial situation, can pursue a claim
Read more: How Long Does a Personal Injury Claim Take?
Key Factors That Can Affect Your Medical Negligence Claim
When pursuing a medical negligence claim, several factors can influence the outcome:
- Strength of Evidence: The more evidence you can provide, the stronger your case will be. Medical records and expert opinions are critical.
- Legal Representation: Having a professional personal injury lawyer on your side increases the likelihood of a successful claim. Their medical negligence experience will ensure your claim is handled professionally.
- Time Limits: Claims must be made within a specific time frame, usually three years from the date of the incident. Acting quickly will ensure you don’t miss this crucial window.
At Cooper Hall Solicitors, we are committed to helping clients navigate these factors and secure the compensation they deserve.
Conclusion
A No Win No Fee agreement is an effective and accessible way to pursue a medical negligence claim without the financial risks. By working with a personal injury attorney or a professional personal injury lawyer, you can seek the justice and compensation you deserve for the suffering caused by medical errors.
If you or a loved one has suffered due to medical negligence, contact Cooper Hall Solicitors today. Our expert team is ready to guide you through the claims process without financial risk. Schedule a free consultation today and start your journey toward justice.
GET IN TOUCH
Schedule a Visit
Frequently Asked Questions
