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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