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Medical Negligence No Win No Fee
Introduction to Medical Negligence No Win No Fee
If you or a loved one was harmed or injured while under that care of a medical professional or while being treated at a medical facility, they may be eligible for compensation under the medical negligence laws. You must be able to prove in court that the harm or injury was caused as a direct result of the medical negligence of your doctor, nurse, surgeon, hospital or other medical professional or facility. Before filing your claim with the courts, it is best to receive legal counsel to advice you on your case. Because of the financial hardship that you may be caused from hiring a solicitor for legal advice, many solicitors have chosen to use the medical negligence no win no fee process.
Medical Negligence No Win, No Fee
The medical negligence no win no fee agreement is formally called the Condition Fee Agreement (CFA) and was created as a means of helping families afford legal counsel for medical negligence cases. Basically what this agreement states is that the client does not owe any money for hiring a solicitor to counsel them in court unless they win a settlement in court. If you and your solicitor are able to win the court case, most often the defendant in the case will be ordered to pay the client's legal fees and through this order the solicitor receives his payment for providing legal counsel.
For most solicitors, the medical negligence no win no fee agreement is only for the fee to provide you with legal counsel for the court proceedings. You, as the claimant, are usually responsible for any out-of-pocket expenses that may occur as part of the court process. This may include court costs, the costs of gaining medical reports or other evidentiary expenses. The amount of these out-of-pocket expenses varies greatly depending on each specific case and your solicitor will be able to explain to you how this process works.
By using the medical negligence no win no fee agreement; the risk factor for the claimant is greatly reduced because if you are unable to win in court you do not owe the solicitor any money. Usually a solicitor will not make a medical negligence no win no fee agreement unless they are fairly confident that they will be able to win in court. They will initially meet with you and review your case to see if you have enough evidence to make a case. Based on their assessment, they will offer you an agreement or tell you that they will not take the case.
Medical Negligence No Win No Fee Insurance Policy
While entering into a medical negligence no win no fee agreement with your solicitor will eliminate the risk of paying for legal counsel and not winning, there is another risk factor involved in filing a claim. If you were to lose your case in court, you may be ordered to pay for the defendant's court cost including the cost of their legal counsel. This amount can get rather large depending on the case and most people choose to take out an After the Event legal expense insurance policy. This policy will cost you a set fee and then if you lose in court, they will pay the defendant the ordered amount of money.
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