How to fund a Medical Negligence or Personal Injury claim?

"They are a Rolls-Royce firm that operates smoothly and to a very high level." Chambers UK, A Client's Guide to the UK Legal Profession 2020

We offer a number of options for funding personal injury and medical negligence claims.
 

Conditional Fee Agreements (“no win, no fee”)

Many cases are funded through “no win, no fee” agreements, known as a Conditional Fee Agreements (CFAs), which cover our fees for working on your case.

We help clients to obtain an “After The Event” (ATE) insurance policy to cover other expenses (such as experts’ fees).

In almost all cases, if your claim is not successful, you do not have to pay anything at all.

If your case is successful, we are usually able to recover a large proportion of the costs from the Defendant.   You will probably need to contribute, from your compensation, towards costs which cannot be recovered from the Defendant (examples of these costs are the Success Fee and insurance premium).

We want you to understand every aspect of your case.  If you wish to fund your case with a Conditional Fee Agreement, we will provide you with detailed information and discuss any queries you may have.

Legal Expenses Cover

If you have legal expenses cover, either as a standalone insurance policy or as part of another insurance policy (such as your household or credit card insurance), you may be able to use it to fund some, or all, of your claim. 

You might also have legal expenses cover through your membership of a Trade Union or other organisation.  

If you believe that you may have cover for legal expenses, please let us know at the beginning of your case. 

Even where an Insurer has its own preferred solicitors, we may still be able to act for you under the policy.

Legal Aid Funding

Legal Aid (funding by the State) is not available for personal injury claims or most types of medical negligence. 

Legal Aid is still available for claims on behalf of children who have sustained neurological injury (brain damage) causing severe disability, where the negligence occurred prior to, or in the weeks immediately following, birth.

We are one of a small number of specialist law firms accredited to offer Legal Aid funding for these medical negligence claims.   If Legal Aid funding might be available for your child’s case, we can make an application for funding on your behalf.

Privately funding a claim

You may wish to consider funding your claim privately, if other funding options are not available to you or you would prefer not to use them.   

We will discuss with you the pros and cons of privately funding a claim before we begin work on your case.

Please note

The above information describes the funding options which may be offered by Kingsley Napley.  Not all of these options will be available or appropriate for every case.  We will help you to consider which option is appropriate for you.

If you wish to bring a claim and are uncertain about funding, please contact us.

"The team are very approachable, have my interests at heart and are efficient"

Chambers UK, A Client's Guide to the UK Legal Profession 2019

Latest blogs & news

Breast Cancer: The Most Common Cancer in the UK

Breast cancer accounts for almost 15% of all new cancer cases and affects both men and women.  There are an estimated 150 new cases every day.  Sarah Harding’s death earlier this year was a tragic reminder that breast cancer also affects young and premenopausal women.

Brownlie v Four Seasons Group

Today the Supreme Court has handed down its Judgment in this long-running case, and in plain terms, Lady Brownlie has won the Appeal.

Maternity Services in England

On 6 July 2021, the Health and Social Care Committee published its report into maternity care in England. The report looks at maternity care across the country and analyses the progress of the Government so far in its commitments to improving maternity care.

Proposed changes to the Highway Code: will they improve safety for cyclists and other vulnerable road users?

Over the summer, the government suggested changes to the Highway Code to improve road safety for vulnerable road users. If the proposals are approved, they will change how pedestrians, cyclists and motorists are expected to behave on Britain’s roads.

Breaking the Stigma: September is Urology Awareness Month

According to the Urology Foundation, one in two of us will be affected by a urological condition in our lifetime.

World Suicide Prevention Day – how can you get involved?

10th September is World Suicide Prevention Day. Each year, on the same date, communities and organisations campaign on a global scale to raise awareness of the tragedy of suicide and explore ways in which we can all help to prevent it.

Who can bring a claim when someone dies?

When a loved one dies, grief is difficult and there can be a lot to deal with.  If someone dies as a result of medical negligence or personal injury, then it’s important to consider who can bring a claim. 

Clarity on costs for consumers of legal services: the guideline hourly rates

Whether the claimant or defendant, successful parties to civil litigation can be disappointed to hear that they are highly unlikely to recover all of their legal spend.  The losing party is only required to pay what is considered reasonable and proportionate.  A key feature in what is recovered is the reasonableness of the hourly rates charged by the successful litigant’s solicitors.

What happens when medics miss a serious heart complaint?

An aortic dissection is a life-threatening condition, requiring early diagnosis and treatment. Sadly, classic symptoms are often misdiagnosed or dismissed, which quickly lead to the patient’s death. We have experience of successfully investigating claims of this nature.

Swift v Carpenter: and another thing…

Much has been said about the 2020 Court of Appeal judgment in Swift dealing with the disputed method by which claims for the cost of special accommodation following severe injuries are calculated, and rightly so; it was a privilege for one of the authors of this article to work on a case of such wide application and with such benefit for so many Claimants. 

Case note: Malik -v- St George's University Hospitals NHS Foundation Trust

The recent decision in the case of Malik -v- St George’s University Hospital NHS Foundation Trust provides a further example of this approach.  Mr Malik required emergency spinal surgery in the form of a laminectomy and discectomy at T10/11.  No criticism was made of the performance of the surgery.  Post-operatively Mr Malik experienced ongoing numbness and weakness in his left leg.  His surgeon recommended further revision decompression surgery which unfortunately left Mr Malik with an incomplete paraparesis.  He was classified as a T7 ASIA D paraplegic.

The National Disability Strategy: the most comprehensive, concerted, cross-government plan ever. Is it really?

On the 28 July 2021, the Government unveiled the highly anticipated National Disability Strategy (‘the strategy’). Pledged in the Government’s 2019 manifesto, the aim is to “improve the everyday lives of disabled people”. The Prime Minister described the strategy as the most comprehensive, concerted, cross-government plan relating to disability ever. A bold claim, but is it justified?

When is the right time to question a medical decision?

Chimamanada Ngozi Adichie, celebrated author and feminist talks in Elizabeth Day’s How to Fail Podcast about the death of her father, and then her mother, 9 months later. Adichie speaks very eloquently about the many emotions that grief provokes.

Group B Streptococcus Awareness Month 2021

July is International Group B Streptococcus (GBS) Awareness Month. As medical negligence specialists at Kingsley Napley, we have acted for many families who have been affected due to delays in the diagnosis and treatment of a GBS infection.

 

Clinical Negligence in Maternity Services

The Nursing Times recently published an article on blame culture within midwifery, which is apparently affecting staff retention. The article discussed a hearing of the Health and Social Care Select Committee which has been leading an Inquiry into the safety of maternity services in England

FCA consults on guidance for cannabis companies

The FCA has launched a consultation on a technical note setting out guidance for companies applying for listing which have cannabis-related businesses. As with all companies applying for listing, those with cannabis related businesses must be assessed for eligibility for listing under the Listing Rules.  Because of the legal complexities around cannabis businesses the FCA applies additional due diligence requirements to them.    

Sands Awareness Month

June is Sands (Stillbirth and Neonatal death) Awareness Month. We are blogging to raise awareness of the work carried out by Sands and their contribution to improving bereavement care and funding research into saving babies’ lives. 

Cervical Screening Awareness Week 2021

This week is Cervical Screening Awareness Week which is run by Jo’s Cervical Cancer Trust. This week aims to reduce confusion about human papillomavirus (HPV), de-mystify cervical screening results and highlight the importance of attending cervical screening appointments. 

E-SCOOTERS: What on Earth are we doing?

We’ve been running trials of E-Scooters in various parts of the UK for nearly a year and London finally followed suit this week in four boroughs with Canary Wharf to follow a little later. 

Disclosing a Sexual Assault: The Truth Project

It often takes many years for victims of sexual abuse to come forward.  Claimants often feel embarrassed, and sometimes even partially responsible, for the abuse suffered. The Truth Project was set up in 2015 as part of the Independent Inquiry into Child Sexual Abuse to help victims come forwards.  Over 5,000 individuals have since disclosed instances of sexual abuse as part of the Project.  

Skip to content Home About Us Insights Services Contact Accessibility