If you are thinking of pursuing a medical negligence claim for cauda equina syndrome, will you have to pay any money?
Do I have to pay for a medical negligence claim?
Like any medical negligence claim, cauda equina claims have a number of funding options. The most common is a conditional fee agreement, otherwise known as a ‘no win no fee agreement’.
If you have entered into such an agreement in the past, it is important to note that no win no fee agreements have changed slightly. This is because of legislation that was introduced in April 2013.
No win no fee – what happens if I lose?
If you enter into a no win no fee agreement, your solicitor does not get paid if you lose. Your solicitor will have insured the case at the outset of the claims process, and the insurer will cover any other costs – for example, the costs incurred by the Defendant.
Therefore if your cauda equina claim is not successful, you will not have to pay anything.
No win no fee – what happens if I win?
If you win your cauda equina claim, the other side will pay your compensation settlement, and will also cover the costs that have been incurred.
Previously, the losing Defendant side would also pay your solicitor a success fee. However, this has changed under the new legislation and your solicitor must now take a success fee from your damages. This fee is capped at 25% of your damages.
Therefore if your cauda equina claim is successful, your compensation settlement could be reduced by 25%.
Are you worried about legal fees?
Before you make a claim, a solicitor will take you through the various funding options, suggesting which is most suitable for you. In the majority of cases, this will be a conditional fee agreement.
Your solicitor will then explain in detail how the agreement works, outlining exactly what will happen if you win or lose your case. This will give you the opportunity to ask any questions you might have, ensuring you are completely clear about the funding of your claim. If you have any concerns at that stage, you do not have to proceed.
Speak to a solicitor about a cauda equina claim
If find out if you can make a cauda equina claim, and to find out more about the costs involved, please get in touch with us today.