If you’ve suffered avoidable harm because of negligent medical treatment, the cost of litigation should never be the reason you don’t pursue a claim. That’s where a no win no fee agreement comes in, it allows you to bring a medical negligence claim without paying legal fees unless your case is successful.
If the thought of funding a legal claim can feel overwhelming, especially while you’re focused on recovery, don’t worry, at the Medical Law Partnership, we handle every aspect of your claim on a no win no fee basis, so there’s no financial risk in using the Medical Law Partnership as your legal partner.
In this guide, we’ll explain exactly how a ‘no win no fee’ agreement works, what happens if your claim isn’t successful, and what to look out for before signing an agreement.
If you think you may have a claim, we’re here to help.
Start your claim today and speak to our team for a free, no-obligation consultation.
What does “no win no fee” actually mean?
No win no fee, formally known as a Conditional Fee Agreement (CFA), is a funding agreement between you and your solicitor. Under this agreement:
- You pay nothing upfront to start your claim
- Your solicitor only receives payment if your claim is successful
- If your claim is unsuccessful, you will not pay any solicitor’s fees
How does the funding work in practice?
When your claim is successful, your solicitor’s fees are typically covered through a combination of:
- Payment from the defendant: The losing party, usually an NHS Trust, private healthcare provider, or their insurer, contributes towards your reasonable legal costs.
- A deduction from your compensation – we will keep 30% of your compensation to cover any legal costs the defendant does not pay, and to cover our success fee. No matter how much your legal costs and success fee amount to, we will never keep more than 30% of your compensation.
At the Medical Law Partnership we explain every element of this agreement clearly before you sign anything, so there are no surprises further down the line.
What happens if my claim is unsuccessful?
This is one of the most common concerns we hear from the people who come to us. With a properly structured no win no fee agreement backed by After the Event Insurance (ATEI):
- You will not be liable for the other side’s legal costs
- Any disbursements, such as expert reports or court fees, will be paid by the insurance policy
Is no win no fee right for every medical negligence case?
Not every case is suitable for a Conditional Fee Agreement. Before taking on a claim, solicitors will assess:
- The strength of the evidence and the prospects of success
- Whether a clear breach of duty of care can be established
- Whether that breach directly caused you avoidable harm
- The value and complexity of the claim
A thorough initial assessment protects both you and your solicitor, and it’s a sign of good practice rather than a barrier.
Why choose no win no fee for a medical negligence claim?
Medical negligence cases are often complex, requiring independent expert evidence, detailed medical records analysis, and specialist legal knowledge. Without a no win no fee option, many people with valid claims would be priced out of pursuing justice against well-resourced NHS Trusts and insurers.
The key benefits include:
- No financial barrier to accessing justice
- Shared risk, meaning your solicitor is invested in achieving the best possible outcome for you
- Access to specialist expertise that might otherwise be unaffordable
- Peace of mind during an already difficult time
What should you ask before signing a no win no fee agreement?
Before instructing any firm, it’s worth asking:
- What percentage will be deducted from my compensation if I win?
- Is ATE insurance included, and what exactly does it cover?
- Are there any circumstances in which I could be charged?
- How is the strength of my case being assessed?
A transparent solicitor will answer these questions clearly and put everything in writing, so you know exactly where you stand from the outset.
No win no fee: FAQs
Will I have to pay anything upfront?
No. Under a no win no fee agreement, you won’t pay anything upfront to start your claim. Legal fees are only paid if your claim is successful, and even then, they’re typically deducted from your compensation.
What percentage of my compensation will go towards legal fees?
This varies by firm and by case. Some firms might take less from your compensation but ask you to pay other costs up front. Your solicitor should explain this clearly before you agree to proceed.
Can I still claim if I’m not sure I have a strong case?
Yes. Getting in touch doesn’t commit you to anything. At the Medical Law Partnership, we’ll assess the details of what happened and let you know honestly whether we believe you have a claim worth pursuing.
Is no win no fee the same as legal aid?
No. Legal aid is government-funded and is rarely available for medical negligence claims. No win no fee is a private arrangement between you and your solicitor, funded through your compensation if your claim succeeds.
Start your claim today with the Medical Law Partnership
If you believe you’ve suffered as a result of negligent medical treatment, you deserve to pursue justice without worrying about the cost. At the Medical Law Partnership, we work on a no win no fee basis, so you won’t pay anything if your claim is unsuccessful.
We’ll listen to what you’ve been through, explain your options clearly and without pressure, and handle every stage of your claim on your behalf.
Start your medical negligence claim online today or request a callback to speak to a member of our team.