Most medical negligence claims in England and Wales are funded under a conditional fee agreement, usually called no win, no fee. You pay nothing upfront, if the claim does not succeed you do not pay your solicitor's fees. If it succeeds, a success fee is deducted from your compensation.
This guide explains how that works in practice, what happens either way, and what the alternatives are.
CONDITIONAL FEE AGREEMENT - The formal name for a no win, no fee arrangement. It is a written agreement setting out what you pay, when you pay it, and what happens if the claim does not succeed.
What does no win, no fee actually mean?
It means your solicitor takes on the risk of the case, there is nothing to pay at the start, nothing to pay as the claim runs, and no bill for your solicitor's time if the claim does not succeed.
It does not mean the claim costs nothing. It means the cost is met out of the outcome rather than out of your pocket, and only if there is an outcome.
What happens if my claim succeeds?
If your claim is successful, most of your solicitor’s legal costs are usually recovered from the other side.
A success fee may then be deducted from your compensation, this reflects the risk involved in taking on cases where there is no guarantee of success.
The law limits the amount that can be deducted from certain parts of your compensation. Importantly, compensation for future care and future losses is excluded from this calculation, helping to protect the money intended to meet your future needs.
Any success fee and how it applies to your claim will be explained clearly and agreed with you in writing before your claim begins, so you know exactly what to expect.
What happens if my claim does not succeed?
You do not pay your solicitor's fees. In claims of this kind you are also generally protected from having to pay the other side's legal costs, unless something has gone seriously wrong, such as a claim found to be fundamentally dishonest.
Insurance is normally put in place at the outset to cover the remaining risk, including the cost of expert reports. It is arranged for you and there is nothing to pay for it upfront.
Who pays for medical records and expert reports?
These costs are known as disbursements, and they are the real expense in a medical negligence claim. Getting your full records costs money, so does an independent consultant reviewing them and writing a report, and a serious claim may need reports from more than one specialty.
Under a conditional fee agreement these are funded as the claim runs, not by you. If the claim succeeds they are recovered from the other side. If it does not, they are covered by the insurance rather than falling on you.
Are there other ways to fund a claim?
Yes, and it is worth checking before you agree to anything, because an existing policy may cost you less.
Legal expenses insurance: often included with home or motor insurance, sometimes without the policyholder realising. Check your policy documents.
Trade union membership: many unions provide legal cover for members and their families.
Paying privately: unusual in this area, but an option if you would rather not have a deduction from your compensation.
Is legal aid available?
Not for most medical negligence claims, legal aid was withdrawn from this area in 2013.
One narrow exception remains, for children who suffered a serious neurological injury around the time of birth. Cases funded this way have to be handled by a firm holding a contract with the Legal Aid Agency.
Will I know what I am agreeing to?
You should, and you should know it in writing before anything starts. Before you sign, you will be given a client care letter setting out the success fee, what happens if the claim does not succeed, what the insurance covers, and what would happen if you decided to stop.
If any part of it is unclear, ask before you sign, a firm that will not explain its own fee agreement in plain English is telling you something.
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Ask us how funding would work for your situation, free and without obligation.
Frequently asked questions
There are more on our FAQ page.