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Why No Win No Fee is so important in clinical negligence claims

If you have suffered from clinical negligence then you may be entitled to compensation. Taking on a large national institution may seem a little daunting at first, but with the help of medical lawyers and experts you will soon have the confidence to win your claim and get the compensation you deserve. In cases of clinical negligence it is important that your lawyer works on a ‘no win no fee’ basis. In this article we will explain what ‘no win no fee’ means and why it is important in clinical negligence claims.

The ‘no win no fee’ system has encouraged more people to come forward and make claims of clinical negligence as they are no longer put off by the risk of expensive court costs.
The ‘no win no fee’ system has encouraged more people to come forward and make claims of clinical negligence as they are no longer put off by the risk of expensive court costs.

Clinical negligence

In order for clinical negligence to be proven the claimant must show that the medical practitioner was negligent in their duty of care to the patient. Clinical negligence can cover, but is not limited to delayed diagnosis, misdiagnosis, infection, pain caused by surgical error, inability to work and permanent disability. If you believe you have suffered from clinical negligence it is essential that you seek guidance on how to claim compensation from a qualified, experienced and reputable solicitor.

No win no fee explained

‘No win no fee’ is a conditional fee agreement made between a person seeking legal assistance and a law firm. The agreement states that the solicitor will only receive their fee if they win the case. If the solicitor does not win the case they cannot claim their payment. It was introduced in the UK in 1995 to replace legal aid.

Why it is important in cases of clinical negligence

In the past many people were put off from suing for clinical negligence because of the risk of having to pay expensive legal costs if they lost the case. No win no fee gives victims the confidence to sue national organisations without worrying about the expenses. It enables everyone, no matter how much money they have, to make a claim and get the justice they deserve.

In the past if your solicitor successfully won the case for you, your costs, compensation settlement and solicitor’s success fee were covered by the opposing party. Earlier this year the rules slightly changed so that the claimant now has to pay the success fee themselves if they win the case. The success fee can be no more than twenty five per cent of the compensation they receive.

If your solicitor does not win the case you will be technically liable for the defendant’s court costs. However providing that you have chosen an experienced and reputable solicitor, they will have taken out an insurance policy on your behalf that covers your legal fees and expenses.

If the solicitor does not win the case, they will not receive any form of payment from their client.
If the solicitor does not win the case, they will not receive any form of payment from their client.

Choosing the right solicitor

It is paramount that you find a solicitor that will successfully guide you through the proceedings, ensuring that you are kept informed every step of the way. Finding the right solicitor can be time consuming and tricky, but it is worth doing your research to ensure you choose the right person for the job. An experienced solicitor with successes can make a huge difference in a case verdict.

When looking into different law firms make sure that you check out the fields that their solicitors specialise in. Some solicitors work on specific types of clinical negligence claims related to illnesses like cancer or injuries to the brain and other vital organs. Having a solicitor with excellent communication skills and reasoning power on your side stands you in a much better place for winning your clinical negligence case.

Conclusion

The no win no fee system plays an important role in clinical negligence claims. It has given everyone the chance to receive the compensation and justice they deserve, no matter what their financial situation is. Expensive court costs and legal fees may have put people off suing large medical institutions in the past, but with no win no fee, claimants now have the confidence to take them on.

 

 

Image credits: Kevan & Images_of_Money