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There are various different ways to fund a claim.
We set out below a brief indication of the funding options that may be available to you if you are considering bringing a claim. The team at Mintons can help you understand which options may be available to you, and advise you on the most appropriate way of funding any potential claim.
How claims may be funded
Legal Expense Insurance
This insurance may be in place before the alleged incident occurred and is usually included with other policies e.g. household or car insurance. The nature of cover depends upon the wording of the policy.
Trade Union
Some Trade Unions provide cover for the provision of legal representation. Again the nature of any such cover may vary dependent upon any scheme in existence.
Legal Aid
Public Funding was previously known as Legal Aid
Subject to eligibility, there are three types of Public Funding which may be available:
- Advice under the Legal Help and Help at Court Scheme. This permits solicitors to provide limited advice although in certain circumstances an extension to this limit may be permitted.
- Investigative Help. A Public Funding Certificate may authorise preliminary enquiries to be undertaken and this may include for example obtaining and considering medical records and commissioning medical report(s) and perhaps also obtaining an Advice from a Barrister.
- Full Certificate. This includes all necessary steps once the preliminary initial enquiries have been undertaken and subject to various criteria being satisfied.
Such work may only be undertaken by a firm of solicitors who are accredited by the Legal Services Commission with a Clinical Negligence Franchise. Mintons hold such a Franchise.
Find out more about Legal Aid
No Win No Fee Agreements
These are known as Conditional Fee Agreements.
The provisions of such agreements require careful explanation. If your claim is successful we will be entitled to recover from your opponent what are known as the basic costs as well as a success fee. Any disbursements [such as court fees, medical reports] should also be recoverable from your opponent.
If your claim fails you will not be liable for your own legal costs but you will probably have to pay the costs of the other [successful] party. You would also remain liable for your disbursements. However you can take out an insurance policy to cover such an eventuality and a premium will be payable.
Private
Costs are charged on a time basis and we would be paid regardless of the outcome of your claim.
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