After the Event (ATE) insurance provides financial cover for legal costs and disbursements associated with pursuing a medical negligence case. It is often used in personal injury and medical negligence actions to provide protection against the risk of having to pay the opponent’s legal costs if the claim is unsuccessful.
If any of our clients are not entitled to the benefit of legal aid, we work with an insurance company who assists us in providing risk-free insurance cover to our clients, which covers the cost of taking a medical negligence case and protects clients from any risk to costs in the very unlikely event that their case is lost.
Where the insurance company we work with differs from standard insurance providers is that they provide funding for expert medical reports which are very expensive in medical negligence cases.
How the application process works is that an offer of insurance is made to the client (just like car insurance for example) and once agreed an insurance policy is taken out. The premium is then payable upon conclusion of the case and the premium is only payable by the client if they win their case which in some respects is similar to a ‘no win no fee’ arrangement.
Benefits of ATE Insurance:
1. Financial Protection
ATE insurance provides financial protection in that if the case does not continue due to unsupportive medical evidence, or is unsuccessful, the client does not pay back anything. This allows our clients to pursue their legal case fully without the fear of being personally liable for adverse costs.
2. Funding of Medical Reports
Expert medical reports in medical negligence cases are very expensive and these cases often require several medical reports to be obtained. Because this would come at great expense to our clients we wanted to find ways to ensure our clients are financially protected and the ATE insurance company we now work with provides funding to cover the costs of all medical reports in cases taking this financial burden off our clients’ shoulders.
3. Access to Justice ATE insurance helps ensure access to justice by removing financial barriers. Clients who are over the financial threshold for legal aid can still pursue their medical negligence case and seek compensation with the benefit of ATE insurance.
At Brendan Kearney & Co, we will explain everything to you clearly and concisely, to ensure you fully understand the best options for you. To discuss a legal matter you require assistance with, call us on 028 71 266935 and we will get back to you right away.