As of 1 April 2013, changes to the law are going to alter the way in which cauda equina claims are made. In this article we explore these changes in more detail. If you want to avoid the implications of this new legislation, you should start your cauda equina without delay.
How did cauda equina claims work before 1st April 2013?
Cauda equina claims were run on a no win no fee basis mean that a solicitor did not get paid if a claim was unsuccessful. The person claiming was technically liable for the other side’s costs, but an After the Event (ATE) insurance policy was taken out at the beginning of a claim which would cover these costs . The ATE policy is self-insured, so it paid for itself.
In the event that a claim was successful, the claimaint usually received 100% of their compensation settlement. The solicitor recovered their fees from the other side, along with the cost of the ATE policy.
What changes are being made?
But as of the 1st April 2013, radical changes to the law are being made. Sadly those most affected will be the innocent victims of medical negligence.
No win no fee claims will still exist. Legal aid is going to be abolished, so no win no fee will be the primary funding option for your claim.
The changes will not really affect you if lose your case. You will still have an ATE policy in place that will meet the costs incurred by the other side. This means you will be financially protected.
But if you win your case, your solicitor will not be able to recover their success fees from the other side. Furthermore, your solicitor will not be able to recover the cost of the ATE insurance premium. This means both costs will have to be deducted from your compensation settlement. This will dramatically reduce the compensation you receive.
We understand this is very unfair and we have fought the law at every stage. But unfortunately the Government has disregarded our concerns and has pushed the legislation through Parliament.
Will this affect my cauda equina claim?
If you began your claim before the 1st April 2013, your claim will be protected from this new legislation. You will still recover 100% of your settlement.
If you have not yet begun your claim and you believe you have been the innocent victim of cauda equina negligence, there is still time to start your claim before April. This will ensure you avoid the terrible implications of this new legislation.
Start your claim today
To begin your claim before the 1st April, do not delay in talking to the team at the Cauda Equina Solicitors.