If you are thinking about pursuing a claim for necrotising fasciitis, will you have to pay any money? Here we explore the costs involved in a medical negligence claim, explaining whether you will have to pay any money.
Funding a medical negligence claim
The type of funding you have selected will dictate the costs involved in a medical negligence claim. For example, if you are funding it on a private basis, you will be responsible for paying the fees.
However, privately funded claims are unusual. Most claims are funded by a conditional fee agreement, otherwise known as a no win no fee agreement. These have changed slightly since new laws came into force in April 2013, so if you have previously made a claim you will find the process has altered slightly.
Some medical negligence claims may also be funded by legal expenses insurance (LEI), which may be included as part of your home insurance or contents insurance.
No win no fee – what costs are involved?
No win no fee agreements mean that if you do not win your necrotising fasciitis claim, you will not have to pay any money.
Your solicitor will insure your case with an after the event insurers. The insurance company will pay any outstanding costs that have been accumulated during the course of your case. This will not include your solicitor’s legal fees, as your solicitor will only be able to recover their costs if the case is successful.
Therefore if you lose your case, your solicitor does not get paid, the insurance company covers any outstanding costs, and you do not have to pay anything.
If you do win your necrotising fasciitis claim, the other side’s insurance company will pay for the costs accumulated during the course of your case. Your solicitor will also be entitled to claim a success fee. Previously this cost was also covered by the other side. But the new rules state that your solicitor’s success fee must be taken out of your compensation settlement. Nevertheless, this is capped at 25% of your general damages and past losses, so 75% of your compensation settlement remains protected.
Therefore if you win your case, the other side pays for your costs, except for your solicitor’s success fee which is deducted from your compensation settlement.
Where do I find more information?
If you would like to know more about funding a necrotising fasciitis claim, the costs involved or the process you must follow, please get in touch with us today.
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