FAQs

In general, compensation for personal injury or medical negligence is not taxable, although loss of earnings is usually calculated on a net (after tax) basis. Tax issues can become more complex where your compensation is invested and generates income. If needed, we can refer you to financial advisers who specialise in advising people who have received compensation from medical negligence claims.

If your claim is successful, we aim to recover as much of our basic legal costs as possible from the defendant, but some costs may still need to be deducted from your compensation. You will usually pay a success fee capped at 25%, and there may be a contribution towards any unrecovered costs or insurance premiums. Before settlement, we will give you a clear estimate of what you are likely to receive so you can make an informed decision.

After the Event (ATE) insurance is a policy you take out after a dispute has arisen to help protect you against certain costs if your medical negligence case is unsuccessful, such as court fees or expert reports. We will advise you if ATE insurance is appropriate in your case and explain what it covers. The premium is often only payable if your claim succeeds and would then be deducted from your compensation. The ATE premium would typically be covered by the 25% deduction taken from your compensation, so there are no charges made that exceed the 25% deduction.

Costs in contentious probate cases depend on the type of claim and how the dispute is resolved. In some inheritance disputes, costs may be paid from the estate or ordered against another party, but this isn’t guaranteed. Our contentious probate solicitors in Stoke can explain the likely costs position once we know the circumstances.

In certain situations, a conditional fee arrangement may be possible, but it depends on the value and funding options available. If you’re looking for contentious probate solicitors near you, we can discuss funding at the outset and outline the options that may be suitable for your case.

We can arrange an initial discussion to understand the background and explain the options for moving forward. Our team will also be clear about costs and next steps from the start.

Being excluded doesn’t always mean there’s no remedy. Depending on your relationship to the deceased and your circumstances, you may have a claim under the Inheritance (Provision for Family & Dependants) Act 1975, or there may be grounds for challenging a will if there are concerns about how it was made.

In some cases, yes, medical records can be important evidence, particularly where capacity is in dispute. We can advise on the appropriate route for requesting records and what is likely to be relevant to your contentious probate case.