If the claim relates to a brain injury suffered by a child at, or around the time of, birth, it may be possible to arrange for it to be funded through the Legal Aid Scheme. In that event, the Legal Aid Agency will be responsible for all of our fees and expenses and both you and the child will also be protected against any liability for the Defendants’ legal fees and expenses should the case be lost.
If the claim succeeds, the child will be awarded compensation and this will be paid by the Defendants, who will also pay all of the legal fees and expenses. Therefore, neither you nor the child will pay anything and the child will receive 100% of the compensation that is awarded.
On the other hand, if the claim is lost, our legal fees and expenses will be paid to us by the Legal Aid Agency and the Defendants will be required to pay their own. Again, if this is the outcome, neither you nor the child will pay anything.
In order to be eligible for Legal Aid, the child’s financial circumstances must fall within certain set limits. In reality, most children are within those financial limits and are therefore eligible. If the child is eligible and you choose to adopt that method of funding, we will prepare the necessary application forms for you to approve and sign.Posted in More on medical negligence