Medical Negligence

Let’s discuss no win no fee, but the client pays the disbursements arrangement

Date: 29/05/2023

No-win no fee arrangements are one of the ways for people to access legal representation when they might not otherwise be able to afford it. Generally, in a no-win no fee arrangement, a lawyer agrees to take on a case and only gets paid if they achive a successful outcome. If they don't, they don't get paid.

However, while the lawyer's fees may be covered by a no-win no fee agreement, there are other costs associated with legal cases that may still need to be paid. These costs, known as disbursements, can include things like court fees, expert reports, and medical assessments.

In most cases, the client is responsible for paying the disbursements, regardless of the outcome of the case. This means that if a person enters into a no-win no fee agreement with a lawyer, they may still need to pay for disbursements and the other party’s costs if they lose the case.

It's important to be aware of these potential costs when entering into a no-win no fee agreement with a lawyer. While the lawyer's fees may be covered, there may be additional costs that need to be paid.

Some lawyers may offer to cover the cost of disbursements up front, with the understanding that they will be reimbursed if the case is successful. This is known as a disbursement funding arrangement, and it can provide some relief to clients who might not be able to afford the upfront costs of a legal case.

However, it's important to carefully consider the terms of any disbursement funding arrangement, as they can vary widely between lawyers and law firms. Clients should be aware of the interest rates, fees, and repayment terms associated with these arrangements before agreeing to them.

Ultimately, a no-win no fee agreement can provide access to legal representation for people who might not otherwise be able to afford it. However, it's important to be aware of the risks, including any other associated potential disbursement costs and to carefully consider any disbursement funding arrangements offered by lawyers. With the right advice and support, people can make informed decisions about their legal options and pursue justice for their cases.

It is important to seek legal advice as soon as possible after the incident so that the claim is made within the time limits set out in the law.


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