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Peter Rigby, Director of Medical Neglience

Conditional Fee Agreement: What You Need To Know

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If you or a loved one have experienced harm due to medical negligence and are considering legal recourse, understanding Conditional Fee Agreements is crucial to navigating this landscape effectively. By understanding what a Conditional Fee Agreement is, you can make informed decisions, minimise the stress of legal costs and embark on your legal journey with confidence.

At Patient Claim Line, we adopt a No Win No Fee approach to every claim, and a Conditional Fee Agreement is a crucial part of this legal process. No Win No Fee is a system that allows anyone to pursue compensation, regardless of their financial situation. A CFA is a contract involved in this system, and this blog will further explain how the agreement works, what’s involved and how to find out if you’re eligible.

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What is a Conditional Fee Agreement?

A Conditional Fee Agreement (CFA) is a legal arrangement between a claimant and their medical negligence solicitor. Also commonly known as a No Win No Fee agreement, a CFA is designed to reduce the financial risks often associated with pursuing a medical negligence claim. A CFA allows claimants to pursue a compensation claim without the financial burden of upfront legal fees. 

What Details Are Included In A Conditional Fee Agreement?

The agreement will explain what work your solicitor will do and what they’ll need to achieve before they receive their fee. It will state that if your case wins, your solicitor is entitled to deduct a percentage of this fee. It will also confirm in writing that if your case is unsuccessful and you cooperate throughout, you will not pay any legal fees.

A well-drafted Conditional Fee Agreement typically includes the following:

  • Clear explanation of legal terms for the claimant’s understanding 
  • Defined legal services involved in your case
  • Specified percentage of the success fee the solicitor will receive if the case is successful 
  • Statement that the claimant is not responsible for fees if the case is unsuccessful 
  • The specific events that the CFA relates to
  • Clear payment terms for the success fee upon a successful case conclusion 

 

What Is A Conditional Fee Agreement Success Fee?

The success fee is a specified percentage of the solicitor’s standard fees, payable only if the medical negligence claim is successful. It compensates the solicitor for the risk associated with taking on a case on a No Win No Fee basis. 

There is no set percentage for a success fee. The amount someone will pay is determined on a case-by-case basis, based on their injuries, and the level of compensation awarded. The percentage is typically outlined in the CFA to ensure transparency. 

However, by law success fees cannot be any higher than 25% of your compensation (LASPO Act 2012).

 

What Makes Me Eligible For A Conditional Fee Agreement?

You may be eligible for a CFA if you have been subject to improper medical treatment, resulting in you experiencing an injury, pain, trauma, or the worsening of a condition.

But, don’t ruminate about the eligibility of your claim alone. At Patient Claim Line we have a specialist team of medical solicitors, with over 400 years of experience, who can help you determine if your claim is likely to be successful. Contact a member of our team today and they will take the time to review the facts and then discuss your options with you.

With a Conditional Fee Agreement, it is the solicitor who is taking the main financial risk because they will not receive payment if the case is not won. They will therefore take a good amount of time to examine whether you have a likely chance of success. The solicitor will assess the strengths of your case during an initial consultation.

 

What Are The Benefits Of A Conditional Fee Agreement?

At Patient Claim Lines we believe that the last thing someone needs after suffering with their health and receiving inadequate treatment is further financial stress. 

A CFA eliminates the burden of any upfront payments or legal fees for you if you lose your claim. It provides you with peace of mind – there is no concern about unexpected hefty fees, and everything is in a written agreement. We want you to feel as safe and secure as possible throughout the process of a medical negligence claim, and the CFA is a key part of this.

The success fee provides an incentive for solicitors to pursue and achieve a positive outcome for the claimant.

Legal expenses insurance and After-the-Event insurance can further protect the claimant from potential costs associated with an unsuccessful claim.

It’s essential to thoroughly review the terms of the CFA and associated insurance policies before pursuing a claim, and to discuss potential outcomes with your solicitor. Legal advice and careful consideration of the risks and benefits are crucial elements in making informed decisions when entering into a Conditional Fee Agreement for a medical negligence claim.

 

Making A Conditional Fee Agreement with Patient Claim Line

When you enter a Conditional Fee Agreement with a Patient Claim Line solicitor, you put yourself in the safest hands. 

Our experienced legal team has helped thousands of individuals who have been affected by medical neglect – take a look at their testimonials here. If you work with one of our solicitors, they’ll handle all aspects of the claim for you.

We hope this guide has answered all your questions concerning the CFA in a medical negligence claim. If you’d like to find out more and discuss the eligibility of your claim, speak to us for free, impartial advice at 0330 107 0052 or by filling in our secure online form

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Meet our medical negligence team

Adrian Denson

Adrian Denson
Chief Legal Officer

Peter Rigby

Peter Rigby
Director of Medical Negligence

Christian Beadell

Christian Beadell
Partner, Head of Strategy and Legal Operations

Francesca Paul

Francesca Paul
Associate Solicitor


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