Funding your compensation claim
There are various options for funding your claim and we hope that the information
below helps to clarify the financial arrangements we can offer or assist you with.
Options available:
Further information can also be found on:
Conditional Fee Arrangements (eg “no win no fee” agreements)
A vast majority of claims are appropriate for a Conditional Fee Agreement. This type of agreement is often referred to as a 'no win no fee' arrangement and is the most popular method of funding a claim.
Successful claims
If your case has been taken on a “no win no fee” agreement we can
only expect to be paid if you win your claim. We will
also be entitled to an additional fee (often referred to as a success
fee). Both our fees and the additional fee
are normally paid in whole or part by the losing party.
Any disbursements (eg court fees or the fee for a medical report)
incurred are also normally paid in full or part by the losing
party.
Please note that you will not be liable to pay for any costs
on top of those that the losing party is ordered to pay.
Unsuccessful and discontinued claims
If your case is unsuccessful or discontinued you:
- will not have to pay us
- will probably have to pay the costs
of the successful party (see: after the event insurance)
- will have to pay any other incurred costs eg disbursements
Success fee
In return for taking the risk of not being paid if you lose or discontinue your
claim, we are entitled to claim an uplift on our charges of between 12.5% and 100%.
This is known as the “success fee” it is payable only if you win and is claimed
as part of your costs from the losing party. If there is a shortfall in what is
claimed and what is recovered, we guarantee that we will not pass this on to you.
After the event insurance
If we are not able to settle your claim for compensation by negotiation, we might
advise you to issue Court Proceedings. If court proceedings are issued and you lose
or discontinue your case, whilst you would not be liable for our costs, you would
still be liable to pay your opponents legal costs.
We can arrange insurance to cover you against these liabilities. We will recommend
a policy to suit your particular claim on the basis that the premium is deferred
(ie not payable) until the end of the case. If you win, the cost of the policy is
claimed from the losing party and if you lose or discontinue, there is nothing to
pay.
Legal expenses insurance
It is common these days for you to have Legal Expenses Insurance either as an extension
to a Motor Insurance Policy, a Home Contents Policy or Specialist Legal Expenses
Insurance. We ask you to check all your policies of insurance. If you have insurance,
we will ask your insurer to nominate us to act for you.
Public Funding - ("legal aid")
Legal Aid (or properly known as Public Funding) is not normally available for accident
compensation claims, including claims for asbestos disease. However, depending on
your particular circumstances, we will look into your eligibility for Public Funding.
Medical Negligence:
Public Funding is available for medical negligence claims subject to an assessment
of the merits of the case and your finances.
Trade union:
If you are a member of a Trade Union, you may be entitled to free legal advice.
Some employers provide legal costs insurance cover for employees. Please let us
know if this is the case and we will be happy to act for you. We are already panel
members for a number of major Trades Unions.
Privately paying clients
Some clients choose to be personally responsible for our charges and expenses. We
do not normally recommended this to clients as the best option; however we will
be happy to discuss personal funding with you.
How our costs are calculated
Unless you choose to pay for your case in person, you will not actually have to
pay our charges. However it is right that we should explain how we charge and indeed
a Law Society requirement that this is explained to you. Like any solicitor our
charges will be calculated mainly by reference to the time actually spent by the
solicitors and other staff for the work which they do on your behalf. This could
include meetings with you and perhaps others, reading and working on papers, correspondence,
including emails, telephone calls, preparation of any detailed cost calculations
and time spent travelling away from the office, when this is necessary.
From time to time we may arrange for some of the work to be carried out by persons
not directly employed by us such as a medical consultant or barrister. These costs,
together with other costs such as Court fees are known as “disbursements”.
Timescales for claiming compensation
We expect claims to last between 9 to 12 months. We aim to visit all clients in
their own home at least once during this time and often on several occasions.
If you would like any further information on funding your claim, please contact
us on our, no obligation, online enquiry
form and we will call you back or you can call us directly on 0844 858 3200.
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legal advice and information is offered for information purposes only. You should
always seek advice from an appropriately qualified solicitor on any specific legal
enquiry. Calls to or from our legal helpline may be recorded for training and monitoring
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