Funding my claim
Funding my claim
One question that everyone needs answered is: “How much is it going to cost me?” We will carefully look at all the options for funding your claim and seek to minimize the cost to you of bringing forward your case. Broadly, there are 4 main options:
“No win no fee”:
“No win no fee”, or a Conditional Fee Agreement (CFA) is an excellent method of funding a medical or dental negligence claim. If you win the case, Withy King gets paid by your opponent, but there will be certain items which you will have to pay for, from the compensation which you recover. The vast majority of your compensation is “ring-fenced” from deductions, and will be guaranteed to be paid to you, but some items, such as the premium for the insurance which we need to take out on your behalf, and any Success Fee we charge, will ultimately be deducted from your damages. Very importantly, if you lose the case, you will be charged nothing. Most of our cases are funded this way nowadays.
Legal Expenses Insurance:
You may have Legal Expenses Insurance (LEI) as an add-on to your Home and Contents Insurance, or perhaps with your bank/credit cards, or attached to some other insurance policy. Often the LEI will cover a medical or dental negligence claim. We can help you apply to use this insurance to fund your claim. There is no cost to you when we liaise on your behalf with your insurance company.
Legal Aid is available for children who have suffered brain injuries at or around the time of their birth, resulting in severe disability. If Legal Aid is available for your child then we will make an application on his or her behalf, and state funding will be available to investigate and pursue a claim. Only firms with accredited expertise such as Withy King are permitted to obtain Legal Aid in such cases.
Very occasionally, if your case does not obviously have good enough prospects for a CFA, and LEI and Legal Aid are unavailable, we will agree to do an initial investigation for a fixed fee. If the investigation is positive, we will then enter into a “no win no fee” agreement (CFA) with you, and from that point on you will be charged nothing.