Funding Options

This page details the funding options available to you if you wish to claim compensation for an accident or injury.

You can fund a clinical negligence claim by any one of the following methods:

1. Legal Aid / Public Funding

Legal Aid is currently still available for Clinical Negligence claims (however this may change in the near future, see our news pages on the changes in Legal Aid for further details.

To be eligible for Legal Aid you have to be able to pass the means and cost/benefit test. If you are in receipt of Income Support, Income based Jobseeker’s Allowance, Income based Employment and Support Allowance or Guaranteed Pension Credits then you will automatically pass the means test.

Children under 16 will also usually automatically pass the means test, unless they receive money on a regular basis or have savings, items of value or investments totalling more than £2,500 or if they are due to receive money from a trust fund or will.

To pass the costs/benefit test you have to be able to show that the damages you may receive for your claim are at least four times more than the legal costs involved in bringing the claim.

Also you need to have made a complaint to the relevant Hospital, NHS Trust or Health Authority prior to making your application for Legal Aid, unless there is a valid reason as to why this is not appropriate.

If you are eligible for Legal Aid we make an application to the Legal Services Commission on your behalf and if the application is successful the Legal Services Commission will provide us with a Certificate confirming they will cover the legal costs of the matter up to a certain limit.

2. Conditional Fee Agreement 'No win, No fee'

If you lose we will not charge you any legal fees. If you win, you pay us a success fee. You can recover our success fee from your opponent as part of your overall claim.

We will require you to take out an insurance policy to guard against the risk that you might lose. You should be able to recover your premium for this policy from your opponent.

3. Legal Expenses Insurance

Your household buildings and contents insurance may include a legal expenses policy. This will cover your legal fees for your claim, whether or not you win or lose your case. This policy may also pay for charges that occur during the case, such as fees for doctors' or experts' reports.

Your Certificate of Insurance or Policy Schedule will usually state if it includes a legal expenses policy. We will need the name and address of your insurer and your policy number to request permission for us to proceed with a claim on your behalf.

4. Private Fee Payment (pay as you go)

If you decide to fund your claim yourself, you will be required to pay the cost of the case as it progresses, including providing a sum of money on account of the costs and charges that will be incurred. We will submit interim accounts to cover work done every three months.

If you win, you should recover the majority of your costs from your opponent. When those costs have been paid we will reimburse you for the sums you paid by on account. Please contact us for our full terms and conditions of payment.

5. Trade Union

If you are a member of a Trade Union or other similar organisation they may cover the cost of your claim. You need to provide us with the name and address of the Union and your membership number if you have one. We will contact them on your behalf to seek their authority for us to act on your behalf.