No Win No Fee Professional Negligence – FAQ

Funding my professional negligence claimNo Win No Fee Professional Negligence Claims. Professional Negligence Lawyers Association Logo

Our solicitors will discuss with you the different funding options to run your claim:

  • Paying privately – if you decide to instruct us to run your claim, our solicitors will make sure that you have  a clear and detailed estimate of your likely costs right from the start to help you budget your claim. We are happy to agree with you a prearranged monthly payment plan to help you manage your legal costs – and we
    can also, if you wish, agree a costs limit for each stage of the investigation into your claim
  • No win no fee schemes (also called conditional fee arrangements)  – i.e. if you lose your case you don’t have to pay any legal costs. If you win your no win no fee professional negligence claim, the losing side pays your legal costs. Our team can discuss with you a Conditional Fee Agreement is the right way of funding your professional negligence claim.
    And what’s more, the specialist professional negligence team here at Bonallack and Bishop (the solicitors who own and run this website) don’t restrict no-win no fee just to private individuals – it’s also available for any business which has lost out due to negligent professional advice.
  • The availability of any legal expenses insurance cover to pay your costs.You may be surprised to find out that you actually do have some form of legal expenses insurance. Research by the Ministry of Justice back in October 2007 discovered that 59% of Britons did in fact have some type of legal expenses insurance. These sort of “before-the-event” (BTE) insurance policies are often sold as part of a home or car insurance package. So check the small print of your insurance policy to see if your insurance could cover the costs of claiming professional negligence compensation.See below to find out more about how to use legal expenses insurance

  • Legal Aid [or Public funding as it was previously known] is now only available for a very limited number of medical negligence claims relating to birth injuries – depending on your own income and the nature of your case.


Using a Non-Panel Solicitor for Your Professional Negligence Claim

When you first consider using the legal expenses cover which you have, we can take a look through your policy to check that firstly you have legal expenses cover, and secondly, that it will cover the type of case which you are considering.

Which of my insurance policies might cover legal expenses?

Normally legal expenses cover is added to a home insurance policy, but it may also be added to insurance on your credit card. This type of legal expenses cover is called BTE insurance, standing for “before the event”.

Once we’ve checked that your policy does give you cover for legal expenses and that your case is likely to be included in the cover, then you have to tell your insurer that you want to make a claim. It is important that you do this as quickly as possible. Remember too that there will be terms and limits placed on your claim, so we will go through all of this with you and make sure that you know what you are covered for.

We will then set the process in motion with your insurance company, and tell them why your choice to work with us is a reasonable decision. The insurance company may tell you that you have to go with their choice of solicitor but this is simply not true; you can make the decision about which solicitor represents you.

Although you have the right to choose who represents you, insurers often set caps in hourly rates or solicitor fees in their policy terms and conditions. They can only do this if the terms and conditions still give you freedom of choice over your solicitor. In other words, they can’t impose such heavy restrictions so you cannot choose your own solicitor.

We can usually work with the insurance company on any of these issues. We will also liaise with your insurance company about our fees, give them a budget for overall costs and provide a report on the case given the evidence we have.

Legal expenses insurance – your solicitor – your choice

So in cases where an insurance company offers general insurance and legal expenses insurance, they are obliged to allow you the freedom to choose your own lawyer. If you are content with the choice of solicitor offered by your insurer then that is not a problem. You have to be confident though that any company which you choose to act on your behalf is going to look out for your best interests. If you choose to look for your own solicitor, whatever your reasons, then your insurance company is not allowed to tell you that you have to use someone from their panel.

Considering Making a No Win No Fee Negligence Claim? Contact us today

Wherever you live in the UK, from Newcastle to Newbury, if you are interested in making a  No Win No Fee Professional Negligence claim, for a FREE first consultation

  • call us now FREEPHONE 0800 1404544 OR
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