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Legal Aid funding is still available in cases involving children with brain injuries resulting in severe disability due to negligent treatment during pregnancy, childbirth or within the first eight weeks of life. Shoosmiths is an approved provider of legal services by the Legal Aid Agency and can run cases on Legal Aid.
Some people have the benefit of legal expense insurance cover which is often included as part of a household policy. If you are a member of a trade union they may also provide help with legal costs.
If these funding options are not available or suitable for your case we may agree to enter into a Conditional Fee Agreement (CFA), commonly called No Win No Fee.
If we agree to pursue your medical negligence claim on a No Win No Fee basis we will discuss with you the need for an ‘After The Event' (ATE) insurance policy. This will indemnify you in respect of any legal expenses incurred and any defendant’s costs you are ordered to pay if your claim is unsuccessful. In other words, if we recover nothing for you, you will have nothing to pay.
At Shoosmiths we do not charge a success fee for the risk of taking on your medical negligence claim. In the event that your claim is successful but we are not able to recover all of our costs from the defendant, any shortfall including counsel’s costs and any insurance premium (although part may be recoverable,) is deducted from the total compensation award.
We aim to keep this sum as low as possible to minimise any deductions from your compensation. No Win No Fee agreements in medical negligence cases remove the worry and minimise any financial risk you face should you lose your case.