subject: No Win No Fee Cauda Equina Claims [print this page] If your Cauda Equina Syndrome was negligently managed by medical professionals, you could be entitled to make a no win, no fee medical negligence claim. This would enable you to pursue compensation for the pain, suffering and financial loss you have sustained without having to pay a penny.
In this article we take a closer look at no win no fee claims, explaining how they work, how they can benefit you, and how to begin a no win no fee cauda equina claim.
What is no win no fee?
No win no fee agreements were introduced in 1995 to ensure all clinical negligence victims had access to justice, irrespective of their economic position. Otherwise known as Conditional Fee Agreement, no win no fee offers a claimant complete financial protection when pursuing legal action for medical errors that have caused wrongful injury.
No win no fee agreements work on the basis that your solicitor will only be able to recover their legal fees if your case is successful. If your claim does indeed conclude successfully, your solicitor's fees will be paid by the defendant party. The other side will also responsible for paying your compensation settlement, which you will receive in full without any deductions.
If your claim fails, you will be liable to pay the defendant's costs. However, your solicitor will take out an 'After the Event' (ATE) insurance policy on your behalf at the start of your claim. This will cover any expenses you incur during the course of your case, including the defendant's legal fees. This means you will not have to pay a penny for your medical negligence claim, no matter whether you win or you lose.
Can I make a no win no fee claim?
If you have suffered an injury as a direct result of medical negligence, you will be able to make a no win no fee claim for the damages you have incurred. For example, if you presented to your GP or Accident and Emergency department with Cauda Equina Syndrome (CES) but medical professionals provided a substandard level of care, you will be entitled to compensation. This could include if:-
- The symptoms were not recognised in a timely fashion;
- A misdiagnosis was made, despite typical CES symptoms;
- Diagnostic examinations and tests were not carried out;
- Emergency treatment to decompress the nerves is delayed.
To discover whether or not you can claim for Cauda Equina Syndrome, you need to discuss your treatment with a solicitor who specialises in this area of the law.
