Many people do not contact a Medical Negligence Lawyer because of concerns on how a claim would be funded.

However, there are many ways to fund a medical negligence claim with little risk to the claimant.

Private Funding

This is the traditional method of funding a claim. Given the usual high costs involved with investigating a medical negligence claim it is not often a viable option.

However, there may be circumstances when a Lawyer would ask you to pay for the initial steps in a claim on a private basis until prospects of success can be assessed.

Public Funding

Public Funding for medical negligence claims is often difficult to obtain. In order to be eligible a claim must usually be worth in excess of £10,000.00 and have reasonable prospects of being successful.

In addition, you must be financially eligible. Many people will not be financially eligible, especially if you have savings.

Conditional Fee Agreements ('No Win No Fee')

Conditional Fee Agreements, or CFAs, are now being offered by the majority of medical negligence Lawyers.

CFAs cover your Lawyer's costs. If you are unsuccessful in your claim then you would not be responsible for your Lawyer's fees for investigating the claim. If you are successful in your claim then you would be responsible for your Lawyer's fees; however, the costs would usually be recovered from the Defendant.

It is important to note that a CFA does not absolve you of your liability for the Defendant's costs. If you loose your claim then you would be responsible for the costs incurred by the Defendant in defending the claim. Your Lawyer would usually obtain insurance on your behalf to protect you against that risk.

Because of the costs involved in a medical negligence claim, your Lawyer may ask you to funding any disbursements that arise throughout the case. Disbursements include medical reports and the cost of obtaining your medical records.

Legal Expenses Insurance

Many insurance policies (including motor and household insurance) now offer Legal Expenses Insurance as an added benefit. It is a requirement of the law that your Lawyer checks your policies for cover before they enter into any other form of funding agreement.

If you do have cover for a medical negligence claim (which is unlikely) your Lawyer would liaise with your insurer to request that they fund your claim.

You would not therefore be responsible for any of the costs of the case as your insurance would also cover the potential liability for the Defendant's costs.