ERBS PALSY – LEGAL AID – NO WIN NO FEE

SOLICITORS CLINICAL NEGLIGENCE COMPENSATION HELPLINE 0845 180 0573

Almost all infant claimants suffering from this condition will qualify for Erbs palsy legal aid with no financial contribution from the parents. There is usually no need for the parents to enter into a no win no fee arrangement. This is because the application for public funding is effectively made by the child with the parents usually standing in as the child’s representatives in order to actually submit the paperwork on behalf of the child. It is therefore the child’s income and assets that are assessed in order to establish whether or not the child qualifies for Erbs palsy legal aid. Notwithstanding the fact that the parents may be wealthy and have substantial income and assets, their financial situation is not considered. There are however rare occasions when a child does have a fixed income from say a trust fund and in those circumstances it may affect the outcome of a legal aid application. In almost all cases the Legal Services Commission which administers the legal aid fund will grant Erbs palsy legal aid to a child with absolutely no parental contribution.

To obtain Erbs palsy legal aid it is necessary for the applicant to satisfy the criteria laid down by the Legal Services Commission which administers legal aid as follows :-

    • The applicant must demonstrate that the ratio between the cost of running the case and the anticipated level of damages to be awarded is satisfactory.
    • It must be shown that there is a better than evens chance of success and that the case is not trivial except in rare cases where the outcome is of critical importance to the claimant.
    • The case must be important to the client on the basis of the reasonable man test rather than on the basis of the applicants emotional connection to the matter in hand.

In the rare cases where legal aid is not available to the child applicant most medical negligence solicitors will consider handling the claim on a no win no fee basis provided that the facts of the case satisfy that particular solicitors acceptance criteria. In the case of an Erbs palsy no win no fee claim most solicitors will expect the parents of the child to initially fund the cost of out of pocket expenses which can be reclaimed from the defendants upon the satisfactory conclusion of the case.

Some domestic insurance policies contain provision for Legal Expense Insurance (LEI) as an extra often provided at no cost on a household insurance policy. If LEI exists there is no need to apply for legal aid or to enter into a no win no fee arrangement. In this case the insurer will indemnify the applicant for legal fees and will effectively pay the cost of running the case and will cover the applicant against a potential costs order in the event that the case is lost.

SOLICITORS CLINICAL NEGLIGENCE COMPENSATION HELPLINE 0845 180 0573

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