No Win, No Fee Medical Negligence Claims

A no win, no fee claim, also known as a conditional fee agreement (CFA), is a legal contract that allows you to pursue a medical negligence claim without bearing the initial costs of hiring a solicitor. In essence, if your claim is unsuccessful, you will not personally be charged for your solicitor’s fees. This arrangement reduces the financial risks associated with making a medical negligence claim, ensuring that you can seek justice, irrespective of your financial situation. At Ramsdens Solicitors, we offer a no win, no fee service for all of our medical negligence claims. This ensures that all individuals have access to the legal system and can hold healthcare providers to account for any harm they have caused due to negligence.

When you choose to make a clinical or medical negligence claim with Ramsdens Solicitors, we begin by assessing your case during a free, no-obligation consultation. If we determine your claim has a reasonable chance of success, and you decide to proceed, we will enter into a no win, no fee agreement. This agreement will detail our legal representation’s terms and conditions, including how our fees will be calculated and charged should your claim be successful. Throughout the claims process, our solicitors will work diligently to secure the compensation you deserve. We will gather evidence, liaise with healthcare providers, insurance companies, and other parties, and represent you in negotiations and, if necessary, in Court. We will maintain complete transparency every step of the way, ensuring you understand your options and make informed decisions about your case.

If your claim is successful, our fees will be calculated as a percentage of the compensation awarded to you. This percentage, known as the success fee, will be agreed upon during our initial consultation. Please note, you may also be liable for additional expenses, such as Court fees or medical report fees. We will discuss these potential expenses at the beginning of your case and keep you informed of any changes.

If your no win, no fee medical negligence claim is successful, the legal costs are recovered from the losing party, which in medical negligence cases is typically the medical institution or healthcare professional who was found to be negligent. Their insurance company generally covers these costs. A percentage of the compensation awarded to you, known as the ‘success fee’, is deducted as a contribution towards your solicitor’s fees.

This percentage is agreed upon at the start of the medical negligence claims process.

The amount of compensation awarded in medical negligence cases can vary significantly as it depends on the unique details of each case. Several key factors that influence the compensation include:

• Severity of injury or illness: this refers to how severe the injury or illness resulting from the medical negligence is. The more severe the damage and impact on your health and life, the higher the compensation usually is. Pain and suffering: this takes into account the pain and suffering you have had to endure as a result of the negligence, including physical pain, mental anguish, and emotional distress
• Loss of earnings: if the negligence has caused you to take time off work, or has impacted your ability to work and earn money in the future, you can claim for loss of earnings. Medical costs: if you have incurred additional medical costs for treatment, rehabilitation or medication as a result of the negligence, these costs can be claimed back
• Care and assistance costs: if you require care or assistance, either temporary or ongoing, the costs of this can be claimed
• Future losses: if the negligence is likely to cause future medical costs or affect your ability to work, these future losses can be claimed

It is difficult to estimate an exact figure without first evaluating your case. Our experienced team can provide a more precise estimate after a comprehensive review of your situation.

The duration of a medical negligence claim can vary depending on the specifics of your case. Some cases may be relatively straightforward and could be resolved over several months, but more complex cases could take several years to reach a conclusion due to needing to collect a range of evidence and build a strong argument as to why and how you have been mistreated.

Factors that can influence the timeframe include:

• The complexity of the medical issues involved
• Whether the negligent party accepts responsibility
• The severity of your injury or illness
• The need for the court to arbitrate
• Whether you are still undergoing treatment

Please remember that while we aim to settle your claim as quickly as possible, our primary goal is to ensure that we achieve the best possible outcome for you. In some instances, this may mean taking more time to gather all necessary evidence, or waiting until the full extent of your condition can be properly assessed.

Throughout the process, we will keep you updated on the progress of your case and provide an estimated timeline based on the specific circumstances of your claim.

The law imposes strict time limits within which you must commence a medical negligence claim. Usually, this is three years from the date the negligent treatment took place or the date you first became aware that you may have suffered due to negligent care.

However, there are exceptions to this rule:

• In cases where a child has been subject to medical negligence, the three-year time limit will only become relevant when they turn 18, effectively meaning that the claim can be brought any time before the child turns 21
• In cases where a patient lacks mental capacity, the time limit will not apply unless they regain mental capacity

To understand whether you can make a medical negligence claim, we must first evaluate a variety of factors:

• Evidence of negligence: the most important aspect of eligibility when it comes to making a medical negligence claim lies in proving that a healthcare professional or healthcare institution failed to provide the standard of care expected from them, resulting in harm. Therefore, to be eligible for a claim, you must have clear evidence of negligence, such as medical reports or expert testimony that indicate a breach of duty by the healthcare provider

• Causation: another critical element is establishing a direct link between the negligence and the harm you suffered. This means that the injury you experienced must be a direct result of the negligent act, and not due to any underlying health condition or any other external factors
• Financial risk assessment: lastly, a solicitor will need to assess the potential financial risks associated with pursuing the case. If your case is unlikely to succeed, your solicitor will inform you of this to avoid wasting your time and risking your finances

Making a claim with the expert medical negligence solicitors at Ramsdens begins with a consultation to discuss your case’s specifics. We will help you gather the necessary evidence, negotiate with the other parties involved, and if necessary, represent you in court.

If you believe you may have a valid medical negligence claim, contact our team today. We will guide you through the process and provide the support you need to seek the justice and compensation you deserve.