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Friday 21 June 2013

Explanation about No Win No Fee for Medical Negligence



Britons are quite confused when they hear about no win no fee for medical negligence. It’s not as confusing as they think. In fact, it’s quite easy to understand.

A Conditional Fee Agreement (CFA) also known as no win no fee is an arrangement between a lawyer and the client wherein the former takes on the case on the condition that if it is unsuccessful, no payment shall be made. However, if it is successful, the lawyer is entitled to receive lawyer’s fee plus a success fee. A new law regarding personal injury claims in the UK has been implemented in April 2013. Solicitors who specialises in no win no fee medical negligence can clearly explain the details regarding the new rules and regulations. A lawyer assigned to handle the case usually recommends purchasing a legal protection insurance called after-the-event insurance. This protects the claimant from any costs should they lose the case. This includes disbursement costs such as medical report, medical record, police accident record fees and court fees.

There is a time limit for bringing a claim in the United Kingdom which can be clearly discussed by an appointed counsel.

Points to Consider in Bringing a Claim

A claimant needs know to that there are several factors that can affect the no win no fee for medical negligence claim in the UK. The court takes into consideration the nature of the injury, severity of the pain, extent of the injury, type of treatment and recovery period.

Injuries can affect the head, neck, shoulders, soft tissues, internal organs, hands and feet of a patient. The severity of the pain can range from minor, moderate to serious case. Treatment is based on the seriousness of the injury or illness. Recovery period may take longer for severe cases and shorter time for mild cases. Aside from these factors, the court considers the age, gender, occupation, hobbies and interest of the victim. The younger the victim, the longer he needs to live with the pain and therefore the compensation is greater. Females are more affected by damage to physical appearance than females. The amount of compensation is also based on the effect on one’s daily activities. This is the reason why the occupation, hobbies and interests are taken into consideration. Submission of evidence is necessary in order to attain full amount. A legal advice from a solicitor is essential to achieve this. It is recommended to consult a specialist and know the details of compensation.

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