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When medical treatment goes wrong, the last thing you want is uncertainty about the cost of seeking justice. But how do legal costs work if you decide to make a medical negligence claim?
Fixed Recoverable Costs (FRCs) set limits on the legal costs that can be recovered from the opposing party in certain claims. Understanding how these rules work is important, particularly because the cost of investigating a claim does not always reflect the amount of compensation involved. Some cases require extensive medical evidence, expert opinions and detailed investigations before negligence can be established.
In this blog, we explain when fixed recoverable costs may apply to medical negligence claims, how they could affect your case and what you should know before taking the next step.
What Are Fixed Recoverable Costs in Medical Negligence Claims?
Fixed Recoverable Costs (FRCs) are set amounts of legal costs that a successful party can recover from the opposing party in certain types of civil cases. In England and Wales, these costs are governed by Part 45 of the Civil Procedure Rules (CPR).
The amount that can be recovered depends on factors such as the type of claim, its complexity and how far the case progresses. The aim is to make legal costs more predictable and help both parties understand what to expect.
However, fixed recoverable costs do not always cover the full legal fees charged by a solicitor. The amount recovered from the opposing party may be less than the total cost of handling the claim. Depending on the funding arrangement, this difference could affect the claimant financially.
If you are considering a medical negligence claim, it is important to understand how these costs work and what you may need to pay before deciding how to proceed.
Do Fixed Recoverable Costs Apply to Medical Negligence Claims?
No, not to all medical negligence claims. Fixed Recoverable Costs (FRCs) may apply to certain clinical negligence claims, but specific rules determine which cases qualify.
The extended FRC regime came into effect on 1 October 2023, introducing fixed costs for eligible civil claims allocated to the Fast Track and Intermediate Track.
However, medical negligence claims have specific allocation rules. Under CPR Part 26, a clinical negligence claim can only be allocated to the Intermediate Track if the relevant requirements are met, including the required admission of liability by the defendant. If these conditions are not satisfied, the claim must be allocated to the Multi-Track.
The value of your claim alone does not determine whether fixed recoverable costs apply. The circumstances of the case, the evidence required and whether liability is disputed can all affect the applicable rules.
If you are considering a medical negligence claim, a specialist solicitor can help you understand which costs rules apply and how they may affect your case.
What Is a Court Track in a Medical Negligence Claim?
A court track is the category a court assigns to a legal claim based on factors such as its value and complexity. It determines how the case will be managed and which legal costs rules may apply.
In England and Wales, there are three main court tracks: Fast Track, Intermediate Track and Multi-Track. However, medical negligence claims must meet specific requirements to qualify for each track.
1. Fast Track
The Fast Track is generally for simpler claims worth up to £25,000, where the trial is expected to last no longer than one day.
However, medical negligence claims must meet specific requirements to qualify for this track. The complexity of the medical evidence and the issues involved must also be considered.
2. Intermediate Track
The Intermediate Track generally covers eligible claims valued up to £100,000 that meet the relevant allocation criteria. Trials are expected to last no longer than three days.
For medical negligence claims, the defendant must also make the required admission of liability for the claim to qualify for this track. If liability remains disputed, the claim may need to be allocated to the Multi-Track.
3. Multi-Track
The Multi-Track is generally used for more complex claims that do not meet the requirements for the Fast Track or Intermediate Track.
Medical negligence claims may involve detailed medical investigations, expert evidence and disputes about whether negligent treatment caused an injury. These factors can make a case more complex, even if the compensation being claimed is relatively modest.
Important: The value of a medical negligence claim alone does not determine which court track applies. The court considers the relevant allocation rules and the circumstances of the case.
How Do Fixed Recoverable Costs Work in Medical Negligence Claims?
Fixed Recoverable Costs (FRCs) set the amount of legal costs that can be recovered from the opposing party in certain claims. The amount depends on the rules that apply and how far the case progresses.
The aim is to make legal costs more predictable. However, fixed recoverable costs may not cover all the legal fees incurred while handling a claim.
Before starting a medical negligence claim, it is important to understand:
- Which costs rules apply: Not all medical negligence claims fall under the same rules.
- The work involved: Your case may require medical records, expert reports and detailed investigations.
- Your funding options: Your solicitor can explain how the claim will be funded and whether you could be responsible for any additional costs.
- How the case progresses: The costs involved may depend on whether the claim settles or proceeds to court.
Understanding these factors can help you make an informed decision about pursuing a claim.
How Could Fixed Recoverable Costs Affect Your Medical Negligence Claim?
Fixed recoverable costs may affect the legal costs associated with your claim. However, their impact depends on the rules that apply and how your case is funded.
Here are three important things to consider.
1. Legal Fees and Potential Additional Costs
The amount recovered from the opposing party may not cover all the legal fees incurred.
Whether you would need to pay any difference depends on your funding agreement and the circumstances of your claim. Before proceeding, ask your solicitor to explain the potential costs, what is covered and whether you could face any additional fees.
2. The Importance of Medical Evidence
Medical negligence claims often require evidence to show that the treatment provided fell below the required standard of care and caused harm.
This may involve reviewing medical records, obtaining expert medical opinions and investigating what happened.
For example, a delayed diagnosis claim may require an expert to assess whether the condition should have been identified earlier and whether earlier treatment could have prevented or reduced the harm.
The work needed to investigate a claim does not always reflect the amount of compensation being sought. This is why the circumstances of each case need to be assessed carefully.
3. Understanding Your Funding Options
There may be different ways to fund a medical negligence claim, depending on your circumstances and the arrangements offered by your solicitor.
One option may be a conditional fee agreement, commonly known as a no-win, no-fee agreement. However, the terms can vary, and you should understand what happens if your claim is unsuccessful, whether a success fee applies and whether any other costs could arise.
A specialist solicitor can explain the available options and help you understand the financial implications before you decide how to proceed.
The Cost of Medical Negligence to the NHS
Medical negligence costs the NHS billions of pounds each year in compensation payments and other clinical negligence expenses. These costs highlight the importance of improving patient safety and preventing avoidable harm.
However, the costs incurred by the NHS are separate from the compensation an individual claimant may receive. Fixed Recoverable Costs (FRCs) relate to the legal costs that can be recovered in eligible claims. They do not determine whether you are entitled to compensation.
If you believe medical negligence has caused you harm, you can seek specialist legal advice to understand your rights and whether you may have grounds for a claim.
How Can a Medical Negligence Solicitor Help You?
Understanding the legal costs involved in a medical negligence claim can be difficult, especially when you are already dealing with the effects of an injury.
A specialist medical negligence solicitor can help you:
- Review your medical records and assess the circumstances of your treatment.
- Identify the evidence needed to investigate your claim.
- Obtain expert medical opinions where necessary.
- Explain the legal process and the costs rules that may apply.
- Discuss funding options and any potential additional costs.
- Help you understand the potential value of your claim.
Seeking advice does not mean you have to commit to legal action immediately. It gives you an opportunity to understand your options and decide on the next steps.
Get Expert Advice From Medical Negligence Specialists at Concise Medico
If you believe you have suffered harm because of medical negligence, understanding your legal options is an important first step. Our medical negligence specialists can help you assess your circumstances, understand the evidence needed and explore the next steps.
We understand that pursuing a claim can feel overwhelming, particularly when you are dealing with ongoing symptoms, financial pressures or uncertainty about what happened. Our aim is to make the process easier to understand and provide practical guidance on pursuing compensation.
If you are concerned about how fixed recoverable costs could affect your claim, we can help you understand the relevant costs rules and funding options. Book your free consultation by completing the form on our website. Alternatively, contact our medical negligence department on (01282) 786 185 or email info@concisemedico.co.uk to discuss your circumstances.
