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Is Legal Aid Available for Clinical Negligence Claims?


There are a number of cases in which claimants may be able to receive public funding. Claimants may have their case funded by public resources if they are on a low income and have low savings. Public funding is often referred to as legal aid. Legal aid is paid for by the government. Annually, the government allocates a budget of approximately £2 billion for legal aid.

In cases of clinical negligence, legal aid may be available to a claimant. Whether or not it will be available will depend on the claimant's level of income and savings. They will be subjected to a means test. If their savings and income are below the relevant thresholds then they may be entitled to legal aid. In some cases of clinical negligence, legal aid may only be available in part to claimants. If this is the case then the claimant will have to contribute towards the costs of bringing a claim.

In areas of law including clinical negligence, legal aid is only provided by some law firms. Law firms have to be franchised and approved by the Legal Services Commission ('LSC) in order to offer legal aid. The LSC is responsible for running and administering the legal aid scheme in England and Wales. Law firms have to bid for legal aid contracts from the LSC, and normally, the LSC will award legal aid contracts to firms who offer the most competitive rates. This is known as competitive tendering and is being used more frequently.

If you would like to obtain legal advice and information on clinical negligence and on whether you may be entitled to legal aid to help fund your case, Caven can put you in touch with a local specialist Negligence Solicitor free of charge. So, if you have any questions or would like our help in finding local Negligence Solicitors please call us on 0808 129 5763 or complete the web-form above.

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