How will I pay?

There are many funding options available at Tozers for your medical negligence claim.

Legal Aid

Only those solicitors who have been approved by the Legal Services Commission (LSC) can offer legal aid to their clients to fund medical negligence claims.  Tozers has this LSC approval.

In order to qualify for legal aid, your solicitor must certify to the LSC that your claim has reasonable prospects of success and also that you qualify financially for legal aid.  If the claim is for an injured child it is likely that they will qualify for legal aid as it is the child's income and capital that is taken into account and not their parents'. 

No win, no fee agreements (conditional fee agreements)

Tozers offers Conditional Fee Agreements as a funding option. These agreements are also known as ‘no win no fee' agreements.  This funding option is not suitable for all medical negligence claims but we will ensure that all of your funding options are fully explored.

Private funding

On occasion, it may be worth funding a claim paying the solicitor's hourly rates, together with the fees of any experts who may be required but your solicitor will give you expert advice as to whether this is a sensible option for you in all the circumstances.

Legal expenses cover

Some household and other insurance policies offer legal expenses cover to pay for a solicitor to take legal action on your behalf.  When contacting us you should supply copies of all household and motor insurance policies you may have.

Who pays the legal costs?

We know that this is something people worry about. 

Normally the party who loses the legal case is responsible for the other party's legal costs.  Therefore, if you are successful, the defendant is likely to have to pay all or most of your legal costs in addition to the compensation they pay you.  

If you should lose your medical negligence case and it is funded by Legal Aid, you will almost certainly not have to pay any costs to the defendant - this is something we can explain to you in more detail when you contact us initially. 

The position on payment of costs in "no win-no fee" agreements and privately funded cases will be discussed by your solicitor at the very outset of your case if these funding options are suitable for you.

We will ensure that all aspects of your chosen funding option are explained to you fully at the outset of your case so that you will know exactly what is involved.

Email our clinical negligence team.