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No Win No Fee Medical Negligence

 

Our medical negligence solicitors specialise in No Win No Fee claims.

Our specialist medical negligence solicitors are always ready to support you whether your injuries are relatively minor, or you have experienced significant physical or psychological harm. No matter how difficult the road ahead may seem, we are here to help you.

Our team has experience in handling all kinds of medical negligence claims, to include:

We are recognised in Tier One for the West Midlands in the 2023 edition of The Legal 500, and Band One of Chambers UK, as one of the country's leading medical negligence teams and have most recently been described as “working diligently, tactically and with great empathy – ensuring their clients not only get the maximum compensation but feel supported and prioritised throughout the litigation process”. We are also accredited by the Law Society and recognised by AVMA (Action Against Medical Accidents) for our expertise in helping those who have been affected by medical negligence.

Our team has been awarded the Specialist Quality Mark by the Legal Aid Agency, making us one of only a small number of firms nationally to hold a contract to provide services which are publicly funded. This prestigious appointment is a testament to the level of expertise and experience in the team.

If you are thinking about pursuing a claim, contact our medical negligence solicitors as soon as possible.

 

What is No Win No Fee?

Funding your claim with a No Win No Fee agreement means that you will not be liable to pay your solicitor’s legal fees if your claim is unsuccessful. A solicitor will only proceed with your claim on a No Win No Fee basis if they believe it has reasonable prospects of success.

 

What Costs will I pay if I Win my Claim?

If you are successful in winning your claim, you will be awarded compensation from your opponent. In these circumstances the general rule is that your opponent will also be ordered to pay your reasonable legal costs.

 

Shortfall

It is unlikely however that you will recover all of your legal costs from your opponent. As such, you will be expected to pay the difference between the legal costs recovered from your opponent and the costs actually incurred in winning your claim. This is known as the shortfall.

The shortfall will be deducted from the compensation you receive.

 

Success Fee

In addition to the shortfall a success fee will be payable. This is charged to account for the risk of the solicitor taking on a case on the basis that they will be paid nothing if the claim is unsuccessful.

The success fee is however capped by law at 25% of the amount of compensation that you have been awarded for general damages (for pain, suffering and loss of amenity) and also any past losses.

The success fee is not payable by your opponent and will therefore also be deducted from your compensation.

 

Guarantee

Lanyon Bowdler are committed to ensuring you retain the majority of the compensation you are awarded. We therefore guarantee that any deductions we make from your compensation, to cover the shortfall and success fee will not exceed 30% of your total compensation.

 

Could I be liable for costs if I lose?

Under a No Win No Fee agreement you will not be liable for your own solicitor’s costs if your claim is unsuccessful however, you will be responsible for your own disbursements. Disbursements are third party expenses such as court fees or medical expert fees.

In terms of your opponent’s fees, the general rule is that if they have successfully defended the claim you will not have to pay their costs. However, you will also be responsible for your opponent’s costs if you are ordered to pay the same.

Even if your No Win No Fee claim is unsuccessful, there are ways of protecting you from costs you may be ordered to pay a successful defendant. The legislation around such involves a system known as ‘Qualified One-Way Costs Shifting’ (QOCS).

QOCS means that your opponent will generally be ordered to pay your costs if you are successful but, subject to certain exceptions, you will not have to pay the Defendant’s costs if you are unsuccessful. As such, costs will only flow one way.

This is designed to offer Claimants costs protection on the basis that Claimants can bring a valid claim against a Defendant but, if the claim is unsuccessful the Claimants do not need to be concerned about the Defendants potentially enforcing large costs orders against them. However, there are situations where you can lose the protection of QOCS.

The most common situation is where the Defendant obtains an order for costs where the Claimant has been successful. In this scenario the Defendant can enforce their costs order against the damages, interest and costs awarded to the Claimant.

If this situation were to occur in your claim this would reduce the compensation that you would ultimately receive.

We therefore generally advise our claimants to obtain After the Event Insurance (ATE) or other suitable legal protection insurance to protect you in these circumstances. Lanyon Bowdler’s team can arrange this for you, ensuring you receive the best possible protection against unforeseen costs.

 

Should I get legal protection insurance?

In the unfortunate event of your claim being unsuccessful, you will be liable for your own disbursements. As advised above, there may also be circumstances when you are liable for some of your opponent’s costs. As such, it is likely that you will be advised to take out an insurance policy to protect you against these risks. This is known as an After the Event (ATE) insurance policy and is something which we are able to arrange on your behalf.  

 

 

Should your claim be unsuccessful, the cost of the insurance cover is self-insured, and you will not be liable for any charges related to it. You will only need to pay the cost of the policy if you win your claim.

If your claim is successful then part of the cost of the policy is recoverable from your opponent. The remainder of the cost will need to be paid by you and is deducted from the compensation you receive.

 

How much can I win?

The amount of compensation you may receive from a successful claim depends on many different factors. The court may consider, when calculating your compensation award, the following factors:

  • How severe are the injuries you have sustained
  • How long of a recovery period you may be facing, and if a full recovery is predicted
  • Medical costs, both past and those that can reasonably be predicted
  • Home or vehicle adaptation costs
  • Loss of earnings, past and future, and pension

Our medical negligence solicitors will assess your situation carefully in order to try and secure the maximum compensation for you in the event that your claim is successful.

 

How long does a claim take?

The time it can take for your claim to reach a settlement can vary greatly, depending on the extent of your injuries and recovery time. Generally speaking, medical negligence claims take time to investigate and progress, and on average can take up to three years before conclusion.

Depending on the severity of the injuries involved, and the gravity of the prognosis, the legal process surronding medical negligence claims, and claiming compensation for your pain and suffering, may be far longer. There are, however, options for those involved in these claims to obtain partial compensation before reaching a final settlement, such as interim payments if admissions of negligence have been made.

 

Will I need to go to court?

Most medical negligence claims never make it to court – they are either settled by negotiation or are abandoned if there are deemed to be low prospects of success. However, for some cases, formal court proceedings may be necessary, and sometimes cases can go to trial.

We understand that bringing your case to a court can be stressful. We will always aim to settle your claim outside of court if it is possible to secure you the compensation you deserve. However, if we deem that court proceedings are necessary, we will provide expert guidance through the court process.

You can be assured of the highest standard of legal representation at all times - whether in or out of court.

 

Contact Lanyon Bowdler's No Win No Fee Medical Negligence Solicitors

If you have been injured by negligent medical treatment, we can help you claim the compensation you deserve.

We are a leading law firm with specialist No Win No Fee medical negligence solicitors based in Shropshire, Herefordshire and North Wales. Our team of specialists can support you through the process of claiming compensation for your pain, suffering, and loss of amenities. We can help your path to recovery, and offer legal guidance on a No Win No Fee basis.

Contact a member of our team today, or fill the contact form on this page to hear back from us.

Testimonials

Professional and Organised. My experience of Lanyon Bowdler has been extremely favourable. The solicitors and their secretaries are professional, discreet, friendly and explain everything. They handled my claim with the upmost professionalism and respect and worked hard to gain the best result possible.  

- Lorna, via Review Solicitors

I was very happy that I used Lanyon Bowdler.

- Mr Richard A Cave, Wrexham

Attention to detail at all times, all business carried out directly with one solicitor.

- Mr Ian H Jones, Flint

A complete honest and friendly service from start to finish. Thank you very much. 

- Mr William Peace & Richard Peace, Ludlow

Professional and caring towards clients.

- Mr Nicky John Mullis & Mrs Alison Jane Miles, Shrewsbury

Professional, clear on expectations, prompt on responding to my questions and queries. All paperwork sent promptly and clearly marked when you required my response. 

- Miss Nicola Georgina Foster

Every step of the way you have cared, you have listened, you have supported and you have fought for us. And you have done all this in the most professional and dignified manner. 

- Mr & Mrs XB

'You really cared and wanted the best possible outcome for our son'

- Mr & Mrs Abernethy, Cheshire

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