Funding a Medical Negligence Claim

When considering making a claim for medical negligence, it is understandable that the potential cost involved might be a cause for concern. However, there are various different funding options available that mean you will not usually have to use any of your own money to start a claim.

When you first contact our medical negligence team, we will talk you through the different funding options and help you choose the most appropriate for your situation. In most cases, we are able to represent clients on a ‘no win, no fee’ basis, meaning you pay no legal fees or expenses up front.

Our aim is to ensure that everyone has the opportunity to pursue compensation when they or their loved ones have been the victims of medical negligence. We secure millions of pounds in compensation for our clients each year, so if you believe you have grounds for a claim, please get in touch.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim that justifies further investigation.

Our funding options for medical negligence claims

We provide a range of funding options to match your circumstances so the cost of a claim should never be a barrier to your ability to pursue medical negligence compensation.

No win, no fee medical negligence claims

We work with a large number of our clients on a ‘no win, no fee’ basis, also called a ‘conditional fee agreement’. This allows you to avoid paying any legal fees or expenses at the outset to start a claim and means you will only have to contribute towards your legal fees if you receive compensation.

The amount you pay will be based on a percentage of any settlement we secure, so you will have complete transparency from the outset and will always get the maximum benefit from any compensation we win for you.

We may also advise you to take out legal expenses insurance. This covers the defendant’s legal costs and your own expenses during the claim e.g. court fees and fees for obtaining medical records or experts reports if your claim is unsuccessful. You will be responsible for paying the insurance premium for this policy, if you win, although you may be able to recover from your opponent that part of the insurance premium which relates to the risk of having to pay for experts’ reports relating to the liability issues in your claim. If your claim is unsuccessful, the insurance premium is not payable.

We will be happy to discuss the need for legal expenses insurance when you first get in touch with our team.

Insurance-funded medical negligence claims

Many people choose to fund their claims using legal expenses insurance. This means your insurance policy covers the costs of making a claim, allowing you to keep the full amount of any settlement won. This type of insurance is frequently offered as an added extra with home insurance policies, as well as some bank accounts and credit cards.

Our clinical negligence solicitors will be happy to review any legal expenses insurance policy you have to make sure it covers all the necessary funding you need for a claim. We can then liaise with your insurance company to arrange the necessary payments, keeping things simple for you.

Legal Aid-funded medical negligence claims

Legal aid is no longer available for most types of medical negligence claims. Nowadays, only one type of claim can qualify for legal aid funding, meaning the state will meet some or all of the costs of making a claim.

To be eligible for legal aid funding, the following conditions must apply:

  • A child has suffered a neurological injury as a result of clinical negligence, leaving them severely disabled (either physically or mentally)
  • The negligence occurred either:
  • While the child was in the womb
  • During the child’s birth
  • Within a set period after the child’s birth, this being:
  • For children born before the beginning of the 37th week of pregnancy – 8 weeks from what would have been the beginning of the 37th week
  • For children born during or after the 37th week of pregnancy – 8 weeks from the day of the child’s birth

We will be happy to discuss your eligibility for a legal aid-funded birth injury claim with you and guide you through the application process where appropriate.

Our expertise in medical negligence claims

Our highly experienced medical negligence lawyers have an exceptional track record of success, having secured compensation for a wide range of clients under even the most challenging circumstances.

Thanks to our skilled advocacy, we are often able to achieve a settlement without the need for you to attend court, making the claims process faster, less expensive and less stressful for you. However, where court action is required, we have the expertise you need to ensure your interests are effectively represented to give you the best chance of a fair outcome.

Wolferstans is Lexcel accredited by the Law Society, reflecting the excellence of our practice management and client care. We are also accredited by the Law Society for Clinical Negligence in recognition of the particular strength of our work in this area.

Our team includes members of a wide range of organisations related to their specific expertise in the area of medical negligence, including:

  • Headway – the brain injury association
  • The Spinal Injuries Association
  • The Brain Injury Group
  • APIL (Association of Personal Injury Lawyers)
  • AvMA (Action Against Medical Accidents)
  • Specific members of our team have been accredited by the Law Socitey, AvMA and APIL as Clinical Negligence Specialists as well as by APIL as Brain Injury Specialists.

Find out more about our medical negligence claims team.

Read our client testimonials and case studies.

Find out more about medical negligence claims

For more information about medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start a medical negligence claim with us today

To arrange a free initial no obligation consultation and find out more about starting a medical negligence compensation claim, including the available funding options, please email