Personal Injury Compensation - How Much Does It Cost?
In 2013, the way personal injury claims are paid for changed. Personal injury solicitors were forced to remain competitive
, offer their clients the best value, or risk going out of business.
We are still here.
Solicitors can still offer you no win, no fee, but what happens when you win has changed slightly.
No Win, No Fee – The Conditional Fee Agreement (CFA)
Many personal injury solicitors, including Simpson Millar LLP, offer to take a personal injury claim on a no win, no fee basis
, which is otherwise known as a Conditional Fee Agreement
, or CFA. Prior to April 2013, if you won, all the fees for pursuing the claim were recoverable from the person at fault.
Since the changes in the law, with a CFA the situation now is as follows:
IF YOU LOSE: -
- You STILL don't pay our fees – we recover nothing if you don't – That is the 'No win, No Fee'
- You may have to pay the other sides legal fees
- You will have to pay for third party expenses, known as disbursements, such as a medical report or court fee
- You can take out insurance to cover the cost of the other party's fees, which if you lose pays those costs if applicable and any third party expenses. The insurance premium is not payable if you lose
IF YOU WIN
- Our basic charges are usually paid for by the other party, but a success fee is payable on our basic charges. The success fee can be no more than 100% of our basic charges and the amount you actually pay can be no more than 25% of the damages you are awarded
- You pay the cost of the insurance premium which varies for different types of claims.
This is broadly the same no matter which law firm you go to
who offer to take your case on a no win, no fee basis. What changes is the amount you pay, and the quality of the service you'll receive.
Legal Expenses Insurance – You May Already Have It
Legal expenses insurance can be bought before you need to use it
(Before The Event, or BTE), or when you need to make a claim (After The Event, or ATE).
BTE insurance policies vary, but the general idea is that they will cover a certain amount of legal costs
that occur from certain legal problems, up to the full amount.
You may already have a BTE insurance policy
and you may not even know you have it. This is because it is often attached to other things, such as home insurance, car insurance, your credit card, or even being a member of a trade union. Research by the Ministry of Justice found that 59% of the UK population have some sort of legal expenses insurance
, and so it's really worth looking around to see whether you do to.
Other Funding Methods
The vast majority of our claims are made on a no win, no fee basis. However, not every claim can be funded like this
. In these circumstances we also offer competitive hourly rates, and for certain types of claims, including criminal injury claims, we also offer fees based upon a percentage of the compensation you receive.
When it comes to paying for a service, we appreciate that it's a sensitive subject, and that all you want is clarity, flexibility, and most importantly, honesty. If you have any questions about making or funding a claim
, please don't hesitate to contact us, or ask us a question using the enquiries box on this page.
Simpson Millar LLP believe in access to justice for victims of accidents
and have adapted to the changes regarding the funding of claims to ensure our clients can still be represented. We continue to offer the best quality legal services, advice and protection.