Funding a claim

Funding a claim

We understand that you may be worried about how to fund a claim.  It is one of the most common questions we are asked about.  For this reason we have carefully designed the options available to you to give you complete reassurance from the outset of any investigation.

We may suggest that we obtain your notes free of charge at the outset before funding is put in place in order to advise you further.

Legal Aid

Legal Aid is available for children who have suffered a neurological injury during pregnancy, labour, delivery, or in the early neonatal period until 8 weeks. There are restrictions imposed on any legal aid certificate and for that reason many of our clients choose alternative funding options to progress their case. This can have a huge impact on a claim enabling us to progress the case as swiftly as possible and to obtain funding for current and future needs quickly.

No Win No Fee Agreement

We are one of only a few specialist clinical negligence teams in the UK that offers a conditional fee agreement (no win, no fee) on cases of this nature. The agreement between you and this firm ensures that if you are unsuccessful in any investigation that we will not charge you any costs.   In addition, we have carefully selected the ATE insurance we recommend to clients to cover any expenses incurred and any potential Defendants costs - all with the aim to give you complete peace of mind that if your case does not succeed you will not have bills to pay.

We have also made a commitment to our families that we will not charge a success fee when a case involving a brain injury is being pursued on behalf of a child.  This ensures these funds are used as intended to fund future care and support.

Most of our clients prefer to fund their claim by way of a conditional fee agreement than any other method.  Without legal aid restrictions we can choose our preferred experts and this enables reports to be obtained swiftly from the very best specialists in their field.  This in turn maximises the opportunity for our clients to successfully resolve their claim at an earlier stage.

Legal Expenses Insurance  

You may be able to use a legal expenses insurance policy to pay for your legal costs and expenses.  These policies will be limited and alternative funding may be required at a later stage.  You may have a legal expense insurance policy attached to a home contents or buildings insurance policy without being aware of this. We are happy to contact the insurer on your behalf, to see if they are willing and able to fund your claim. 

Most insurers will instruct us, even where they have panel solicitors, given that we specialise in this area and the complexity of these claims.

Where the legal expense insurance policy is limited, we can advise you whether you utilise this at all and if and when it will be likely that alternative funding will be required.  In these types of claims it is unlikely that a legal expenses insurance policy would be sufficient to pursue the claim to its conclusion but it can be useful for investigation or alongside other funding by CFA.

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