How Does ‘Medical Negligence No Win No Fee’ Work

Mark Benson

Mark Benson

Money Savings Advice Medical negligence no-win no-fee

While “no win, no fee” arrangements have not historically had the best publicity, the structure and regulations surrounding them are very different today. If you are pursuing compensation as a consequence of medical negligence, this can be a relatively complex long-lasting case.

However, the “no win, no fee” arrangements available today have given many the option to pursue valid claims.

Even if you have funds available to cover legal expenses associated with a medical negligence claim, there are still numerous risks. As a consequence, the “no win, no fee” option offered by many personal injury claims management companies can be the perfect solution.

It is also worth remembering that unless negligent third parties are held to account nothing will change, and similar injuries/illnesses will continue to occur.

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What Is a “No Win, No Fee” Arrangement?

As the term suggests, a “no win, no fee” involves a claims management company taking on your case on a no win no fee basis. While many are sceptical as to why any company would work on such a basis, there are a number of things to consider. These include the chances of success, claiming expenses from the defendant in successful cases as well as what is known as a “success fee”.

How Can I Calculate My Chances of Success?

You don’t. When you approach a personal injury claims company with evidence to support your medical negligence claim, they will review your evidence and estimate your chances of success. If they believe you have a minimum 60% chance of success, they will likely offer you a “no win, no fee” arrangement.

In the event that they estimate your chances of success at less than 60%, you would need to fund your own legal expenses, assuming they would even take your case on. Many personal injury claims advisers will refuse to take on claims with minimal chance of success.

How Does the Expenses System Work?

In order to tip the balance in their favour, claims management companies will only take on strong claims when offering “no win, no fee” arrangements. So while you would not be responsible for their expenses associated with your case, they will if successful, be able to claim their expenses from the defendant.

As their expenses would be charged at commercial rates, your adviser would likely make a significant profit in this scenario.

What Is a Success Fee?

In exchange for taking a risk on covering legal expenses with your case, your personal injury claims adviser will negotiate what is known as a success fee before proceeding. This is in effect a share of any compensation awarded and the figure is generally around 25%. In more complex cases, such as medical negligence, they may look to negotiate a higher fee.

The “No Win, No Fee” Offer Seems Too Good to Be True?

There are a number of ways to look at the “no win, no fee” option offered by many personal injury claims advisers. Firstly, without this option, many people would be unable to cover legal expenses. Secondly, those with funds may not be willing to risk what can be significant expenses for medical negligence claims.

Thirdly, something which is often overlooked, without the “no win, no fee” system the vast majority of perfectly valid negligent/compensation claims would never be pursued. As a consequence, negligent third parties would not be held to account and little if no changes made with regards to procedures/regulations.

Therefore, there would be a high probability of similar illness/injuries occurring in the future.

How Long Do I Have to Claim Compensation?

Traditionally you have three years from the date of diagnosis of an illness/injury in which to pursue compensation. Note the time begins at the “date of diagnosis” as opposed to the actual date of the incident - although in many cases they may be the same date.

For example, if a medical practitioner failed to diagnose cancer after a scan, this may well be diagnosed further down the line. So, whether days, weeks or months down the line, it would be unfair for the three-year window of opportunity to begin from the original scan data.

Will I Need to Go to Court?

By far and away, the vast majority of personal injury compensation claims are settled out of court. If we consider the industry as having what could be referred to as a filter system, this will give you a better idea.

The first level of filter is the personal injury claims companies who will only pursue claims which have a reasonable chance of success. The second level of filter is the out-of-court settlement procedure where negligence has been accepted, and it is just a case of negotiating compensation.

The final part of the filter system is the courts, although the chances of you being called to give evidence are slim.

What Level of Compensation Might I Expect?

Before we look at individual examples of compensation for medical negligence, it is worth noting there are two types of compensation, general damages and special damages. General damages relate to financial compensation for the victim’s pain and suffering.

Special damages relate to the recompense of costs incurred as a consequence of the negligence and any future costs and loss of earnings. Where a victim is left with relatively serious medical issues and unable to work, the combined level of compensation can be significant.

Can I Claim for Psychological Damage?

Unfortunately, many medical negligence claims involve a degree of psychological damage which can be deep-rooted and long-lasting. Where an individual has developed severe psychiatric/psychological issues as a consequence of medical negligence, they may receive compensation from £43,710 up to £92,240.

Less severe short-term psychiatric/psychological issues might result in compensation between £1220 and £4670.

Summary

The “no win, no fee” arrangement has revolutionised the personal injury claims industry and given many victims the chance to pursue perfectly valid compensation claims. As we touched on above, it is also the ability to hold negligent parties to account which will improve safety levels for others going forward.

Last but not least, the courts/out-of-court settlement system is there to reflect not only compensation for an individual’s pain and suffering but the impact on their life and their family.

How Can Money Savings Advice Help You With Making a Medical Negligence Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Medical Negligence Claims management companies. They have already helped thousands of people claim compensation for the negligence they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Money Savings Advice Author Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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