Funding a claim
Funding a claim
We know that this is something people worry about. Your initial talk with us will cost you nothing.
There are several funding options available at Tozers for your medical negligence claim. We will discuss all the available options with you at the outset and agree the most suitable depending upon your circumstances and the nature of the claim.
Only those solicitors who have been approved by the Legal Aid Agency (LAA) can offer legal aid to their clients to fund medical negligence claims. Tozers has LAA approval.
Since 1 April 2013 Legal Aid is only available in a very limited class of cases. Tozers can advise you whether the potential claim by you or your child will qualify for Legal Aid.
To receive legal aid, your solicitor must certify to the LAA that your claim has reasonable prospects of success and also that you qualify financially for legal aid.
No win, no fee agreements (conditional fee agreements)
Tozers offers Conditional Fee Agreements as a funding option. These agreements are also known as CFAs or ‘no win no fee’ agreements. They offer you financial security as, if your case is not successful, you will have no legal costs to pay*.
If your case is successful we will seek your basic costs and disbursements (court fees, medical reports) from the Defendant. You will only need to pay the costs which are not recovered from Defendant, from your compensation.
On occasion, it may be worth funding a claim by paying the solicitor’s hourly rates, together with the fees of any experts who may be required but we will advise 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.
* Provided you have complied with your obligations under the agreement and have taken out insurance which will be explained to you at the outset.