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Funding a Birth Injury Claim: What Are Your Options?

By Demi Newlove

Published In: Clinical Negligence - Pregnancy and Birth

If you’re considering making a birth injury claim, one of the first questions you might have is: how do I pay for legal fees? Pursuing a claim can feel overwhelming, especially when dealing with the emotional and practical challenges of caring for a child affected by birth injuries.

newborn baby feet closeup in hospital NICU with oxygen monitor equipment 

At Switalskis, we want to reassure you that there are several ways to fund your claim, and many options mean you can access specialist legal advice without financial risk.

No Win, No Fee Agreements

The most common way we fund birth injury claims is through a Conditional Fee Agreement (CFA), often called a “No Win, No Fee” arrangement.

Here’s how it works:

  • You won’t pay any legal fees upfront.
  • If your claim is unsuccessful, you won’t have to pay legal costs.
  • If your claim is successful, a small, agreed-upon percentage of the compensation covers the legal fees.

This means you can pursue your claim without worrying about the costs of solicitors and experts while knowing your interests are protected.

Legal Aid Funding

In very limited circumstances, Legal Aid may be available to help fund your claim. Legal Aid is government-funded assistance designed to support those who cannot afford legal advice.

However, Legal Aid is usually only granted for birth injury claims in exceptional cases, often depending on strict financial eligibility and the complexity of the claim.

Our solicitors can assess your situation to see if you might qualify for Legal Aid and help you apply.

Other Funding Options

Besides No Win, No Fee and Legal Aid, there may be other ways to fund your claim, including:

  • Before the Event (BTE) insurance – some insurance policies (such as home insurance) include legal cover that might assist with funding.
  • Trade union or professional association support – some unions provide legal support for members.
  • Private funding – paying legal costs yourself, though this is less common in birth injury cases due to the high potential costs involved.

Why expert advice matters

Funding a birth injury claim can feel complicated, but you don’t have to face it alone. Our specialist solicitors will explain your options clearly, help you understand the best route for your circumstances, and ensure you can access expert support regardless of your financial situation.

If you think you may have a birth injury claim, contact us today for a free, no-obligation chat about your options and how we can support you.

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Demi is a Solicitor in the Medical Negligence department. She has 5 years' experience in the personal injury sector.

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