1. What Are NHS No Win No Fee Claims?
An NHS no win no fee claim allows patients harmed by medical negligence within the NHS to seek compensation without paying upfront legal fees. You only pay your solicitor if your claim is successful, typically through a pre-agreed percentage of your compensation.
2. How No Win No Fee Works
This legal arrangement, formally known as a Conditional Fee Agreement (CFA), means:
- If you win, your solicitor deducts a success fee (capped at 25%)
- If you lose, you usually pay nothing
- Many firms include ATE insurance to protect you from the other side’s costs
3. Common Grounds for NHS Negligence Claims
You may be eligible for an NHS no win no fee claim if you’ve suffered due to:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes
- Incorrect treatment or medication
- Birth injuries
- Inadequate aftercare
- Failure to obtain informed consent
4. You Must Prove Negligence and Harm
To succeed, you must show:
- The NHS breached its duty of care
- That breach caused direct harm or injury
- Your injury resulted in financial or personal losses
Medical records and expert testimony are crucial to proving this.
5. You Have Three Years to Claim
You must start your NHS negligence claim within three years of:
- The date of the incident, or
- The date you became aware of the negligence
Exceptions apply for children and individuals who lack mental capacity.
6. What Compensation Can You Claim?
A successful NHS no win no fee claim may cover:
- Pain and suffering
- Medical expenses and rehabilitation
- Loss of earnings (past and future)
- Care and support needs
- Travel and prescription costs
- Compensation for long-term disability or loss of life quality
7. No Risk of Paying the NHS’s Legal Costs
With ATE (After the Event) insurance, you won’t be liable for the NHS’s legal costs if you lose. Many solicitors arrange this as part of their service, offering full financial protection.
8. Why Use a Specialist Solicitor
Medical negligence claims are complex. Choose a solicitor experienced in NHS claims to ensure:
- Proper collection and analysis of evidence
- Accurate claim valuation
- Strong representation against NHS Resolution (the NHS legal defence team)
9. Most Claims Settle Out of Court
Over 75% of NHS negligence claims are settled without going to trial. Your solicitor will negotiate with NHS Resolution for a fair settlement. Court is only necessary if liability or compensation is strongly disputed.
10. It Costs Nothing to Get Started
Initial consultations for no win no fee claims are typically free. Your solicitor will review your case, explain your options, and only proceed if there’s a strong chance of success.
Frequently Asked Questions
Q1: Can I claim on behalf of someone else?
Yes. Parents can claim for children, and relatives can claim for adults who lack capacity or have died due to negligence.
Q2: How long does an NHS no win no fee claim take?
Most claims take 1–3 years, depending on complexity, cooperation from the NHS, and whether a settlement is reached early.
Q3: Will it affect my ongoing NHS care?
No. You’re entitled to medical treatment regardless of whether you’re pursuing a claim.
Q4: What if the NHS apologised—can I still claim?
Yes. An apology does not waive your right to pursue compensation.
Q5: Is compensation taxable?
No. NHS compensation for personal injury and medical negligence is not subject to income tax.
Q6: What if my claim fails?
With no win no fee and ATE insurance, you usually owe nothing, giving you complete financial peace of mind.
Conclusion
An NHS no win no fee claim gives injured patients the opportunity to seek justice without the burden of legal costs. With expert support, strong evidence, and a fair legal process, you can recover compensation for the harm caused by medical negligence while protecting your finances throughout the journey.
Leave a Reply