Is “no win, no fee” the best approach to medical negligence claims?

 The law of the land says that if you have been injured in an accident that was the fault of someone else, or through the negligence of someone else, the guilty party should compensate you for the suffering they have caused.

Before the introduction of no win no fee agreements in April 2000, victims either had to pay the litigation costs themselves or rely on legal aid if they wanted to make a personal injury compensation claim.

Considering what the law says, this was not vey fair as there were many victims who could not do either. Then in 1998, legal aid for claims was abolished which meant even more victims could not make sue for damages after being a faultless victim.


Making a level playing field

Extending no win, no fee arrangements to personal injury claims was the fairest thing that could happen, suddenly it did not matter how rich or poor you are – everyone could make a claim.

If anyone wants to make a claim for medical negligence no win no fee it is the most sensible way forward.

Just to clarify what no win no fee means, you take no financial risk at all. You pay no money to start your claim, and pay no money if your claim is unsuccessful. In fact even the phones calls to a decent helpline are free, so you have no costs at all.


Making the claim

Now we have settled the financial aspect of your claim, we need to look at the actual claim itself. Medical negligence is one of the hardest injury claims to prove, there are many get out clauses that can be used to reject your claim.

At the end of the day you have to prove that the medical practitioner did not act without skill and care and you were actually harmed because of their treatment of you.

A medical specialist who knows the area of your injuries will always be asked to give their opinion. They will be asked if another medical practitioner would have treated you in the same manner that your practitioner did. If they yes, you cannot make a claim, but if they say that they would have treated you differently, then you may be able to make a claim.

Making a claim could not be simpler, call the helpline and speak with a friendly, helpful and sympathetic claims expert who will listen to everything that has happened between you and the medical practitioner. They will then give you a free, no obligation assessment of your claim and let you know what your chances of success are. They may even give you some indication of the amount you can expect to be awarded. If after talking to them, you decide to pursue the damages, everything will be taken from your hands and the whole process will be as stress free and quick as possible.

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