Funding the pursuit of a negligence claim

Overview

Using professional assistance to pursue a negligence claim almost always increases the chances of:

  • securing a successful outcome
  • maximising the amount recovered
  • a swifter result than would otherwise be achieved

  • The potential cost of taking action in respect of negligent advice is something that can often worry clients who have been poorly advised, but it need not be so worrisome. There are now many different ways to fund action that becomes necessary to put right the damage caused by poor advice.

    However a claim is funded, in many cases, the costs incurred in bringing a claim can be recovered from the defendant. This can mean that clients that have suffered by reason of poor legal advice are able to pursue a negligence claim against their advisors at no cost.

    Traditionally, legal advice or assistance has been provided on the basis that fees are charged simply by reference to the time taken in providing the advice. But there are many alternatives to the ‘time charge’ basis. Some of the more common options are summarised below.