Funding Your Medical Negligence Claim

Many people who come to us are worried about the cost of making a medical negligence claim. But don’t let financial concerns stop you from seeking legal advice. There are several options available for funding a medical negligence claim, and we can help you choose the best one for your circumstances.

Funding your medical negligence claim

Broadly speaking, there are five funding options available to you:

  1. Conditional fee agreements (CFAs)
  2. Legal expenses insurance
  3. Trade union funding
  4. Legal aid
  5. Private funding

Conditional fee agreements (CFAs)

Widely known as ‘no win, no fee’, conditional fee agreements offer a risk-free way of funding your medical negligence claim.

If you win your case, your opponent will be liable for the bulk of your fees. However, you’ll need to use your damages to pay any costs that aren’t recoverable from your opponent, such as our success fee and part of an ‘after the event’ insurance premium.

If you lose your negligence claim and we’ve taken out insurance for you, you won’t have to pay our costs or the costs of your opponent.

Legal expenses insurance

Legal expenses insurance is often taken out as an add-on to an insurance policy, such as home or vehicle insurance.

It typically covers a range of legal matters, including medical malpractice claims. It may cover some or all of the legal costs of the claim, regardless of whether you win or lose your case.

We’re happy to review your policy documentation to check whether legal expenses cover is in place.

Trade union funding

If you’re a member of a trade union or you’re entitled to their benefits, it’s possible that the union will cover some or all of your legal costs. We can make these arrangements for you.

Legal aid

In recent years, the scope of legal aid has reduced considerably. It is now only available in cases that meet very strict criteria.

You may be eligible for legal aid if the case involves a child who has suffered a serious brain injury during pregnancy, childbirth or during the first eight weeks. If this injury has resulted in the child suffering a severe disability, public funding may be available to investigate a medical negligence claim.

If your claim looks as though it might qualify in principle for legal aid, we’ll let you know. We can also help you make a legal aid claim for your child.

Private funding

If your case doesn’t initially appear strong enough for a no win, no fee agreement, we may be able to undertake a preliminary investigation for you on a fixed-fee basis.

If the results of this are positive, we may be able to take on your case on a conditional fee arrangement basis.

Further information

Contact our specialist medical negligence solicitors on 0117 325 2929 or complete our online enquiry form to discuss your claim in detail.

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    • "Barcan and Kirby’s Clinical Negligence team stands out to me for two main reasons: their collaborative, client-focused approach to their cases, and their individual technical expertise and knowledge. In all the cases I have seen, the fee earners regularly display their individual strengths and impressive knowledge of their specialist areas of law."
      Legal 500 2027
    • "The team at Barcan and Kirby is highly capable and truly engaged with their clients. They are incredibly adept at advising on matters of varying complexity, have excellent knowledge of legal developments, and consistently obtain great results."
      Legal 500 2027
    • "The team has many strengths. They know the subject matter inside and out. They fight as hard as they can to achieve the best possible result for their clients, and most of all, they care. They really care a lot."
      Legal 500 2027
    • "I have worked with Helen Franklin on two cases over the last year. She is amazing, industrious, caring, empathetic, and a real fighter. Most of all, Helen is fiercely intelligent, and it is an absolute joy to work with her."
      Legal 500 2027
    • "Every step of this hard journey you have been there for me, always quick to respond and usher me sensitively towards a reasoned and sensible path."
      AnonMedical Negligence Client