There are three common avenues for funding a claim for child brain injury:
If the claim is a cerebral palsy claim relating to an injury suffered in pregnancy, at birth or the first five weeks of life, then Legal Aid funding is available if their funding criteria are met. This means that the Legal Aid Agency will fund an investigation into the claim to cover legal and expert fees.
No deductions are made from the compensation in the event the claim is successful.
Legal Expenses Insurance (LEI)
This is usually called “Before the Event”/BTE insurance – where you are a policy holder of insurance cover for legal expenses.
Many policies will cover a clinical negligence claim and it is important to check all insurance documents you hold for such cover; many house insurance policies will have LEI as standard.
Your solicitor should help you make enquiries or liaise directly with your insurance company if you do have cover.
Conditional Fee Agreement (CFA)
This is otherwise known as a “No win, No fee” agreement.
Put simply, if you lose your claim you will not have to make any financial payment towards the cost of investigating the claim. If you win your case then there may be deductions for legal expenses insurance (After the Event LEI), a success fee or charges for shortfalls in fees recovered.
This can be more complicated and needs careful explanation by your solicitor.