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Making a difference
Clinical negligence is a complex area of law, and cases often
have a high profile, particularly when linked to awards of
substantial damages. For patients who have concerns about
their treatment it can be difficult to know where to find
good advice.
At Charles Russell, we give our clients sensible and realistic
advice about their legal rights, and the best way for them
to gain redress.
We seek financial awards for our clients, but we also recognise
that obtaining an apology or an assurance that similar mistakes
will not be repeated can also play an important part in helping
them to get on with their lives.
Expertise
The best way to mobilise our resources on our clients' behalf
is through dedicated teams of professionals.
Our clinical negligence and personal injury team have many
years legal experience backed by medical knowledge. Two of
our solicitors have medical qualifications, and senior members
in our team, Stephanie
Code and Richard
Vallance are considered leading individuals in their field.
All members of the team are committed to working on behalf
of patients, and will work hard to resolve disputes in the
most effective way. We seek to maximise the assessment of
damages, and fully support the use of mediation as an alternative
to trial, where appropriate.
Funding your case
Many people worry about the legal fees involved in bringing
a claim. This is a common and understandable concern and we
will give you advice on the best funding options available.
If you win your case and you are therefore paid compensation,
your legal costs will be paid for by your opponent. The payment
of compensation is dealt with separately to the payment of
legal costs. We will provide all the advice you need about
costs and are always happy to deal with any questions.
There are a number of funding options available to you:
Conditional fee agreements
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A conditional
fee agreement is sometimes known as a "no win, no
fee agreement".
If you lose your case you do not have to pay your solicitor's
legal fees and you can take out insurance to cover any
other costs such as your opponent's fees and your own
disbursement costs (payment to others such as medical
reports and court fees).
If you win your case you are liable to pay your solicitor's
legal fees plus a percentage success fee. The majority
of your legal fees (including solicitors and experts)
and the success fee will usually be paid for by your opponent.
This type of arrangement allows many people to bring proceedings
when they might otherwise be unable to do so.
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Public funding
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Public Funding (previously known as Legal Aid) is available
for clinical negligence claims.
To qualify for public funding you have to undergo a
financial means test and your case must have reasonable
prospects of success. If you are eligible we will assist
you in completing the required forms and will send the
application to the Legal Services commission (LSC) on
your behalf. The LSC may require you to pay a monthly
contribution.
The LSC will pay for your legal costs if you lose your
case, so that you will not be out of pocket (subject
to any contribution).
If you win your case the majority of legal costs will
be paid by your opponent and any monies paid out by
the LSC will be reimbursed.
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Legal Expenses Insurance
(known as Before the Event Insurance "BTE")
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This type of insurance cover
is usually taken out as part of another insurance policy
(housing, motor or credit card) and is usually limited
to a set sum of £25,000 or £50,000. You will
need to check your policies to see whether you do have
cover for legal expenses and we can help you with this.
You may be asked to bring details of any policy to a first
meeting.
If you win your case the majority of legal costs will
be paid by your opponent and the payments made by the
insurer will be reimbursed. If you do not win your case
the insurer will pay for your opponent's costs and your
own solicitor's costs up to the set limit. |
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Trade Union Funding
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for more |
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| If you are a member
of trade union the union may have a scheme which allows
you to obtain legal advice from a panel solicitor. Depending
on the advice the union may be willing to pay for the
costs of the claim for you. We would recommend that you
contact your union as soon as possible if you think that
you may have a legal claim to establish whether you can
obtain financial assistance. |
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Paying privately
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for more |
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| If you want to
fund the claim privately you can do so. We would provide
details of costs and render bills on a regular basis.
If you win your case the majority of the costs would be
reimbursed by your opponent. However if you lose your
case you would be responsible for your own solicitor's
cost and those of your opponent. As can be appreciated,
this funding option has to be considered very carefully
and is generally less popular than the other methods described
above. |
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Contact us
Stephanie Code : 0207 203 5335
Email: stephanie.code@charlesrussell.co.uk
Richard Vallance: 0207 203 5169
Email: richard.vallance@charlesrussell.co.uk
Alternatively, click here to complete
our online registration form.
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