Medical Negligence Changes from 1st April 2013

From 1st April 2013 anyone claiming damages for injuries suffered in an accident or through medical treatment will be required to pay some legal costs, due to changes the Government has brought in. Where your claim is funded under a Conditional Fee Agreement (sometimes called ‘no win, no fee’), you will now be required to pay some of the legal costs out of your damages.  Up until now, the defendant has been responsible for all reasonable legal costs and this has included success fees and the cost of a legal expense insurance policy.

From 1st April 2013, claims can be brought either under Conditional Fee Agreements (CFAs) or Damages Based Agreements (DBAs), but under both agreements a successful claimant would have to surrender some of their compensation to pay for legal costs.

The above applies to any agreement entered into after 1st April 2013 regardless of when the injury occurred.  Claims which have been signed up prior to 1st April 2013 will be covered by the old rules, whether they are settled out of Court or at trial.

If you have a potential claim but have not signed up to a solicitor with suitable funding arrangements, you should discuss your options with a solicitor now.

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