UK Law Matters

The Decisions to Make a Medical Negligence Claim

I am very pleased to be able offer this tumblr post by Medical Negligence solicitors Been Let Down http://www.beenletdown.co.uk/medical-negligence who have helped a number of people I know claim for compensation so I thought it only fair I allow them some exposure, thanks guys!

Medical negligence claims are complex andspecialist at times it may be difficult to decide what is best for you and yourclaim in the long run – how you are going to fund your claim is just one of obstacles you need to consider, but neglecting to check all of the details could result in you not receiving your full entitlement to compensation and even being subject to a costs order.

It used to be that Legal Aid was commonly given to patients who needed assistance in pursuing medical negligence claims; however now the government recent reforms have restricted Legal Aid entitlement in the context of medical negligence claims. Legal Aid is now only available when clinical negligence has caused neurological injury resulting in severe disability when a child was in the womb or within 8 weeks of birth. We do not hold a Legal Aid certificate and we are unable to offer you Legal Aid to pursue your claim.

We are able to offer to fund your potential claim by offering you a Conditional Fee Agreements (‘no win, no fee’), this will be offered to you after we have initial investigated your claim and discussed it with you in detail.

Are aim in relation to funding your potential claim is to be as transparent as possible, indeed we have a professional duty of care to ensure that your costs position is fully explained. We would like to hope that by the time you have left a meeting with us (in person or over the telephone) you should be completely comfortable that you are aware of any financial risks, that these risks are fully explained and that your financial position in fully protected. This information will be detailed in our “client care” letter which lays out the structure and procedure for paying fees. Absolutely any time that you feel you need an update or clarification our Solicitors will be more than willing to assist.

As Solicitors we have to risk assess the potential financial risks of taking a case to court, the risks can be huge. In the case of a failed case, there may be a liability to pay the other sides legal costs, your own disbursements (such as medical report fees) and court fees. The positive side is we will not take on a case without careful consideration of the merits and facts of your case and we will obtain specialist advice from expert barristers to ensure that the claim is properly risk assessed before we issue court proceeding.

We are also obliged to discuss with you the possibility of you purchasing an Insurance Policy. This is commonly referred to as an “After-The-Event” (ATE) insurance premium. The policy is considered because it will pay any disbursements and adverse legal costs incurred by the other side should your case fail, subject to certain terms and conditions being met. This insurance is optional and only payable if you are successful and at the end of the claim.  

What you should be aware is that not all firms of Solicitors are specialist Medical Negligence Solicitors and not all Solicitors firms offer and genuine “no win, no fee” agreement. When starting a medical negligence claim you should be fully aware of how much you may need to pay and your obligations, so that you can progress to the next step with one less thing to worry about.

Legal funding in the UK

Over the past 5 years, legal funding in the united kingdom has evolved considerably. 3rd party funding has changed into a global phenomenon and the volume of businesses heading down the funding route has grown immensely.

Why? Getting a case to court is actually a costly endeavour and then in such tough economic times, it can be not surprising why a lot of firms take the top road with regards to pursuing a patent dispute or insolvency claim.

3rd party funding has witnessed a boom in popularity given that it must be a viable ways to achieving justice and spreading the health risks. It gives businesses a chance to head to court when funds are lacking.

Investment

A 3rd party funder generally considers it as being a smart investment. This is a huge risk to pay your legal fees if the way it is loses, they don’t have any with their investment back and they must cover the defendant’s legal costs yes. Your client on the flip side, can move on without having to pay anything.

in the event the case wins they may expect a return which can be roughly around 25-40% from the investment. This could sound a whole lot but considering that certain instances might take around 5yrs to arrive at a verdict, the charge is justifiable. You could find that a lot of funders don’t take cases on unless they value over £2million, since they need to be financially viable.

all the costs is really risky, alternative party providers will not likely accept an instance unless it comes with a strong defence along with a sound chance of winning. For this reason approximately 80% of applications for funding are rejected.

Code of Practice

This has been believed that authorized funders bet around the upshot of a lawsuit dispute during times of actuality, it is far more expertly calculated. Reputable funders are individuals the new Association of Litigation Funders of Wales and England (ALF). All members are bound with a rigorous code of practice that is in position to guarantee good practice in the market.

Members are required to follow set rules which safeguard your client against terminating agreements halfway by way of a case, and it also guarantees they may have adequate funding supply, so that they don’t exhaust your money during the trial. What’s more, they aren’t capable to overly interfere within the cases.

Regulations

Solicitors are regulated too from the professional body The Solicitors Regulation Authority (SRA). Legally, solicitors must explain all funding routes for their clients, so they are fully mindful of their options.

Recently, the Legal Aid, Punishment and Sentencing of Offenders Act (LASPO) came into force (1st April 2013) to reform legal costs in britain. The total effects are yet to become understood however, this has been predicted it will cause better budgeting and greater transparency for clients.

Litigation funding has evolved significantly throughout the last 5 years but cost remains in the middle than it.

Third, party funding is definitely an exceptionally worthwhile funding route and is particularly hoped the new regulations can certainly make costs clearer.

There’s just one question remaining- what is going to happen in the next 5 years? We’re excited to learn!

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