No Win No Fee Medical Negligence Solicitors in Manchester and Oldham
Medical negligence cases are expensive to run. They require independent expert evidence, detailed records analysis, and often take years to resolve. Without No Win No Fee funding, most people couldn't afford to bring a claim.
At Garratts, our clinical negligence solicitors offer No Win No Fee agreements for the majority of medical negligence claims. We take on the financial risk so you can focus on your recovery.
For a free, no-obligation consultation, call us on 0161 665 3502, email [email protected] or complete our contact form.
What Is a No Win No Fee Agreement?
A No Win No Fee agreement is formally known as a Conditional Fee Agreement (CFA). It's a contract between you and your solicitor that sets out how legal fees will be handled.
The key terms are straightforward:
- You pay nothing upfront to start your claim
- If your claim fails, you don't pay our legal fees
- If your claim succeeds, a success fee is deducted from your compensation
- The success fee is capped by law and agreed with you in advance
This arrangement means you can pursue a legitimate claim without risking your savings or taking on debt.
How Does No Win No Fee Work in Practice?
When you contact us, we'll assess whether your case has reasonable prospects of success. This involves reviewing your medical records, understanding what happened, and considering whether the evidence supports a claim.
If we believe your case is strong enough, we'll offer you a No Win No Fee agreement. You'll receive clear documentation explaining:
- What counts as a "win" (usually obtaining compensation)
- The success fee percentage we'll charge if you win
- Any other costs that might arise during the claim
- Your right to cancel the agreement
Once you sign, we begin work on your claim. You won't receive invoices for our time. Our fees only become payable if and when you receive compensation.
What Costs Are Involved?
No Win No Fee covers our solicitors' fees. However, medical negligence claims involve other costs you should understand.
Success fee
If your claim succeeds, we charge a success fee on top of our standard legal fees. This compensates us for the risk of taking on cases that might not win.
The success fee is capped at 25% of your compensation for general damages (pain and suffering) and past financial losses. It can't be taken from compensation for future losses or care costs. We'll agree the exact percentage with you before you sign.
Disbursements
These are costs paid to third parties during your claim, such as:
- Medical expert reports (often £1,000–£3,000 each, and complex cases may need several)
- Court fees
- Records retrieval fees
- Barrister fees for hearings
We typically cover these costs during the case and recover them from the defendant if you win. If you lose, After the Event insurance usually covers them.
After the Event (ATE) insurance
We'll arrange ATE insurance to protect you against paying the defendant's legal costs if your claim fails. The premium has two parts: one is recoverable from the defendant if you win, and one is deducted from your compensation. This is standard across the market. We'll explain the exact terms before you commit.
What Types of Claims Do You Accept on No Win No Fee?
We consider No Win No Fee funding for all types of medical negligence claims, including:
- Surgical errors and complications
- Delayed or missed diagnosis, including cancer misdiagnosis
- GP negligence
- Hospital-acquired infections
- Medication errors
- Birth injuries and cerebral palsy
- Fatal medical negligence
- Dental negligence
- Care home negligence
- Mental health negligence
The key factor isn't the type of claim—it's whether the evidence supports it.
When Might a Claim Not Be Taken on No Win No Fee?
We assess every case individually. We may not offer No Win No Fee funding if:
- The prospects of success are too low. If expert evidence suggests the care was reasonable, or causation can't be established, the case isn't viable on any funding basis.
- The claim is out of time. You generally have three years to bring a claim. If limitation has expired and no exception applies, we can't proceed.
- The potential compensation is very low. If legal costs would exceed the likely damages, the claim isn't economically viable. We'll tell you honestly if this applies.
- Another funding option is more appropriate. You may have legal expenses insurance or trade union funding that offers better terms.
If we can't take your case on No Win No Fee, we'll explain why and suggest alternatives where possible.
Frequently Asked Questions
Is No Win No Fee really free?
You pay nothing upfront to start your claim, and nothing if your claim fails. If you win, a success fee is deducted from your compensation, capped at 25% of certain heads of damage. So it's not "free" in the sense that there's no cost at all—but there's no financial risk to you.
What happens if I lose my case?
If your claim is unsuccessful, you don't pay our legal fees. ATE insurance typically covers the defendant's costs and any disbursements. You won't be left with a bill.
Will I keep most of my compensation?
Yes. The success fee is capped by law and only applies to part of your compensation. In most cases, clients receive the significant majority of their award. We'll give you a clear estimate before you commit.
How do you decide which cases to take?
We look at whether there's evidence of substandard care and whether that care caused your injury. We also consider whether the likely compensation justifies the costs of pursuing the claim. If we don't think your case is strong enough, we'll tell you—it's not in anyone's interest to pursue a weak claim.
Can I switch solicitors if I'm unhappy?
Yes. You have the right to change solicitors at any time. However, if you've signed a CFA, there may be cost implications depending on when you switch. We'll explain this clearly at the outset.
Do all medical negligence solicitors offer No Win No Fee?
Most do, but terms vary. Some firms charge higher success fees or have less favourable terms on disbursements. Always read the agreement carefully and ask questions before signing.
