No Win No Fee Medical Negligence Claims: How It Works

A no win no fee medical negligence claim, formally known as a Conditional Fee Agreement, means you only pay your solicitor’s fees if your claim succeeds. If your claim is unsuccessful, you do not pay your solicitor for the work they have carried out, provided you have cooperated honestly throughout the process. This arrangement allows people to pursue justice for medical negligence without the financial risk of paying legal fees upfront or out of their own pocket.

For many people who have been harmed by substandard medical care, the cost of bringing a claim is one of the biggest barriers to seeking justice. A no win no fee agreement is designed to remove that barrier. This guide explains exactly how the arrangement works, what it costs if you win, what happens if you lose, and what to expect when you start a claim.

What Is a Conditional Fee Agreement?

A Conditional Fee Agreement, commonly shortened to CFA, is a formal written contract between you and your solicitor. It sets out the terms on which your solicitor will act for you, including what work they will carry out, what needs to happen for your claim to be considered successful, and what you will pay in each scenario.

The agreement must be put in writing and explained to you clearly before you instruct your solicitor, giving you the opportunity to understand exactly what you are signing up to. A properly drafted CFA will set out:

• The specific claim or proceedings the agreement covers
• The circumstances in which the claim is considered “won”
• How and when any fees become payable
• The percentage success fee that applies if the claim succeeds

How Does No Win No Fee Actually Work?

The principle behind a CFA is straightforward, but it is worth understanding the mechanics so there are no surprises later.

If Your Claim Succeeds

If your claim is successful, your solicitor’s basic costs are typically recovered from the defendant, usually the NHS Trust, private hospital or healthcare provider responsible for the negligence. In addition, your solicitor will usually deduct a success fee from your compensation. This success fee compensates the solicitor for the financial risk they took on by agreeing to act without any guarantee of being paid.

Success fees in clinical negligence claims are capped by law under the Conditional Fee Agreements Order 2013. The cap limits the success fee to 25% of the general damages and past financial losses you are awarded, meaning future losses such as ongoing care costs or future loss of earnings are excluded from that calculation. This cap exists specifically to protect claimants and ensure they keep the substantial majority of their compensation.

If Your Claim Is Unsuccessful

If your claim does not succeed, you will not be charged for your solicitor’s time under the terms of a CFA, as long as you have complied with your obligations under the agreement, such as providing honest instructions and cooperating with the investigation. This is the central protection that makes no win no fee arrangements accessible to people who could not otherwise afford to fund litigation privately.

What About Other Costs, Like Expert Fees and ATE Insurance?

A CFA covers your solicitor’s own fees, but a clinical negligence claim almost always involves other costs too, particularly independent medical expert reports, which are essential to establishing whether the treatment you received fell below an acceptable standard. These are known as disbursements.

Most solicitors will recommend taking out After the Event insurance, usually called ATE insurance, alongside your CFA. This policy is taken out after the alleged negligence has occurred and is designed to:

• Cover the cost of disbursements such as expert reports if your claim is unsuccessful
• Protect you against having to pay the defendant’s legal costs if you lose
• Give you certainty about your maximum financial exposure before you commit to a claim

If your claim succeeds, the cost of the ATE premium is generally paid from your compensation alongside the success fee. If your claim fails, you are not required to pay the premium yourself, since this is exactly the risk the policy is designed to cover. Your solicitor should explain the cost of any ATE policy and how it applies to your specific case before you proceed.

Are There Other Ways to Fund a Clinical Negligence Claim?

While CFAs are the most common funding route, they are not the only option, and a specialist solicitor should discuss all relevant alternatives with you at the outset.

1. Legal expenses insurance. You may already have legal expenses cover through a household or motor insurance policy, or through union membership, which could fund some or all of your claim.
2. Legal aid. Public funding for clinical negligence claims is now extremely limited and is generally only available where a child has suffered a severe neurological injury during pregnancy, birth, or shortly afterwards, or in exceptional circumstances assessed by the Legal Aid Agency.
3. Private funding. You can choose to pay for legal advice privately, hourly, although this carries more financial risk and is far less common for clinical negligence claims.

A specialist solicitor will assess which funding option is appropriate for your circumstances, and in the vast majority of cases, a CFA combined with ATE insurance offers the most accessible and lowest risk route forward.

Is Every Medical Negligence Claim Eligible for No Win No Fee?

Not automatically. Before offering a CFA, a solicitor will assess the merits of your case, including the strength of the evidence and the prospects of establishing both breach of duty and causation. This assessment exists because the solicitor is taking on financial risk by agreeing to act without upfront payment, so they need reasonable confidence that the claim has good prospects of success.

This does not mean your case needs to be a certainty. It means a solicitor needs to be satisfied, based on an initial review of the facts and, where appropriate, early medical evidence, that there are reasonable grounds to pursue the claim. This is typically assessed during an initial consultation, before any formal agreement is signed.

What to Do Next: Starting a No Win No Fee Claim

If you believe you have been harmed by medical negligence and want to explore a no win no fee claim, the usual first steps are as follows:

1. Arrange an initial consultation. A specialist clinical negligence solicitor will discuss what happened and give an early view on whether your case has reasonable prospects of success.
2. Review the CFA terms carefully. Make sure you understand the success fee percentage, what happens if you lose, and what disbursements may apply, before signing anything.
3. Discuss ATE insurance. Your solicitor should explain whether a policy is recommended for your case and what it would cost.
4. Begin the investigation. This usually involves obtaining your medical records and instructing independent medical experts to assess whether the care you received fell below an acceptable standard.
5. A letter of claim is sent. Once liability and causation have been properly assessed, a formal letter setting out the allegations and the compensation sought is sent to the defendant under the relevant pre-action protocol.

Speak to Us

Pursuing a medical negligence claim should never be out of reach because of cost. At Satchell Moran Solicitors, we act for clients on a no win no fee basis, with the terms of any Conditional Fee Agreement explained clearly and honestly before you commit to anything. As a dual Lexcel accredited firm with specialist solicitors experienced in clinical negligence, including brain injury, misdiagnosis and surgical error claims, we are committed to handling every case with the rigour it deserves.

If you think you may have grounds for a medical negligence claim, contact us today for an initial, no obligation conversation about your options.