Funding your claim
Firstly and most importantly; don’t put off talking to a lawyer because you are worried about legal costs.
There are a range of ways in which your legal case may be funded:
Public Funding (Legal Aid)
While ‘Public Funding’ has been withdrawn for most accident related cases, it is still possible to obtain public funding for children with injuries due to clinical negligence, e.g. as a result of negligent treatment by their GP or in hospital. To qualify a case must satisfy certain merits criteria and the person must be financially eligible. Children’s cases are assessed on the child’s means not those of the parents so most children are financially eligible for public funding. In Scotland, Public Funding still remains for all types of cases.
Legal Expenses Insurance
You may have insurance or membership benefits with organisations such as the AA/RAC that include legal expenses cover for you and your family. Some banks and credit cards also provide legal expenses insurance. Your solicitor will help you work out whether you have legal expenses insurance to pursue a claim.
No Win No Fee Agreement
If there is no insurance or legal aid then your solicitor may be able to represent your child under a Conditional Fee Agreement – more commonly known as a ‘No Win No Fee’ agreement or a ‘Written Speculative Fee Charging Agreement’ in Scotland.
Some injuries arise out of circumstances where special considerations apply, such as Criminal Injuries Compensation or accidents abroad. Your solicitor will advise you about the best way of funding your child’s claim.