If you are considering making a claim for medical negligence you will need to know how your claim can be funded. "Funding" is a term that loosely describes how you will pay for any legal fees necessary to prove your case.
Public Funding (formerly Legal Aid) is administered by the Legal Services Commission in the UK. There are two tests which you must satisfy in order to qualify for legal aid and they are as follows:
- The Financial Test
The scheme is only available to people on low incomes and who have very little capital. If you are on state benefits then you may qualify.
- Merits Test
The Legal Services Commission must be satisfied that your claim has a reasonable prospect of success in order to grant public funding.
If either or both tests are not satisfied then you will not qualify for public funding. If both tests are met then you will be granted a "Certificate of Public Funding" which will cover the costs of the initial investigations into your claim. If supportive medical evidence is obtained then the financial limit on your certificate will be increased and the claim will be allowed to progress.