Whenever we speak to potential clients about pursuing a medical negligence claim, the first questions are always about how much it will cost. Speaking to a solicitor is often thought of as expensive, which makes it feel daunting. The answer about cost depends entirely on the kind of law you need advice on. For medical negligence and personal injury law, there are two facilities that work together to stop you having to pay anything if your claim is unsuccessful – No Win, No Fee agreements and After the Event (ATE) Insurance. Together, they let you proceed with a claim without having to worry about the cost. If your claim is successful, you won’t have to pay your solicitor anything.
What is a No Win, No Fee Agreement?
A No Win, No Fee agreement – which in legal terms is known as a Conditional Fee Agreement (CFA) – is an agreement that lets you pursue legal action without paying solicitors’ fees upfront. In essence, your solicitor is making an agreement with you which says they will only be paid if your case succeeds. If your claim is unsuccessful, you won’t have to pay your solicitor’s fees under the CFA. ATE Insurance then covers disbursements and your opponent’s legal costs, so you are not left with a bill.
How it works
- No upfront costs – You can begin your claim without paying anything in advance.
- Success fee – If your case succeeds, your solicitor receives a pre-agreed percentage of your compensation (typically up to 25% of general damages and past losses).
- Nothing to pay if you lose – If your claim is unsuccessful, you will not pay your solicitor’s fees.
What happens if you lose?
There are other fees involved with a medical negligence case, which might include expert witnesses, court fees and your opponent’s costs. This is where After the Event (ATE) Insurance becomes essential, as it ensures you won’t have to pay any of those costs either.
What is After the Event (ATE) Insurance?
ATE Insurance is a specialist legal expenses policy which is arranged by your solicitor on your behalf. “After the Event” is a reference to the fact you’re taking it out after your accident, not before (Before the Event Insurance also exists, usually as an optional extra included with another type of insurance). Its purpose is to protect you from having to cover any costs associated with a claim if your case is unsuccessful.
Typically, the premium for ATE Insurance is only payable if your claim succeeds. It is usually deducted from your compensation at the conclusion of the case.
Key features
- Covers opponent’s costs – If you lose, the insurer pays the other party’s legal fees.
- Covers disbursements – Expert reports, medical assessments, and court costs are usually included.
Alternatives to ATE Insurance
Because it’s taken out after your accident, ATE Insurance is usually the best way to make sure that the costs involved in legal action are covered. There are a few alternatives, and your solicitor will check with you before arranging ATE insurance to make sure you don’t have access to any of them.
- Before the Event (BTE) Insurance – Usually this is purchased as an optional extra with home, car or health insurance. It may cover the whole cost of investigating your claim, or only to a certain amount.
- Union membership legal cover – As part of your union membership, you may have something that works similarly to BTE insurance, and covers some or all of the costs of investigating a claim.
- Self-funding – It’s possible to cover the full cost of the legal action yourself, but as it can be a significant amount if you lose, many people prefer to take out ATE Insurance instead.
We can help with your claim for medical negligence
When combined, No Win, No Fee agreements and ATE Insurance mean that investigating a medical negligence claim is possible no matter what your income is.
If you are considering a claim, contact us. Our experienced team will explain your options clearly and guide you through the process with transparency and care.