There are various options available for funding a claim for personal injury or medical negligence. Some of the options are:
- conditional fees
- legal expenses insurance
- community funding (Legal Aid)
- private funding
Conditional fees
These are also known as no-win/no-fee agreements. Our fees are generally only payable if you win your case and if you lose and have to pay your opponents costs you may be covered by insurance.
Legal expenses insurance
You may have legal expenses insurance as part of your household and contents insurance or as a separate insurance policy. Time limits may apply under your policy.
Community funding (Legal Aid)
Legal Aid is not usually available to make personal injury claims, although it may be available for clinical negligence claims. The Legal Services Commission will decide whether legal aid should be granted, taking into accounts the merits of the claim and the finances of the person applying.
If your claim is successful the defendant should pay the legal costs.
Private funding
If you win your case, your opponent will usually be ordered to pay most, if not all of your costs. If there is a shortfall, you will be responsible for this. If you lose the case, you will probably be ordered to pay the other side's costs as well as your own. Insurance policies are available to insure against this - the premium is likely to be substantial but may be partly or wholly recoverable from the other side if you win.
It is also possible that if you win, your opponent may not pay what they have been ordered to pay. If your opponent has community funding (Legal Aid), you may not recover costs even if you do win.