How you can fund a personal injury claim
If you are considering making a personal injury claim, there are a number of ways to fund the process so all the legal costs are covered.
Which one you choose will depend on your own personal circumstances, however, it is worth considering all the options prior to proceeding with a claim.
Unfortunately, Legal Aid is no longer available for personal injury claims; you can find out more about when it is available on the government’s website here.
Find out more about the various funding options by clicking the links below:
A ‘No win, no fee’ agreement (Conditional Fee Agreement)
Due to the loss of Legal Aid as an option for personal injury claims, perhaps the most common funding option is a ‘no win, no fee’ agreement.
A ‘no win, no fee’ agreement, also known as a Conditional Fee Agreement (or CFA), helps protect you from financial risk when making a claim. Usually, the agreement will state that should you win, part of your compensation will go towards paying your legal costs.
The upside of this is that you do not have to pay any legal costs at all if you lose the case. Your opponent’s costs are paid by insurance that a solicitor will arrange on your behalf, known as After The Event (or ATE) insurance.
A CFA is a complicated agreement with your solicitor, as it can affect the amount of compensation you receive, so a competent legal expert should explain the terms carefully to you. Due to this complexity, and the insurance that your solicitor will have to take out against losing the case, it will only be agreed to once the solicitor has properly evaluated the merits of your case.
Legal expenses insurance
You may have the benefit of legal expenses insurance, which typically covers the cost of a wide variety of legal work including accident claims. It can also be known as Before The Event (or BTE) insurance.
Should you have legal expenses insurance, you will not need to enter into a CFA. However, your insurer may stipulate the solicitor you have to work with. There are a few avenues that can be pursued in this event, but it’s best to speak to a solicitor first.
Also, you may not be able to take on a high-value claim if your insurance won’t cover it. Therefore, if you think you have legal expenses insurance, you should raise this with the solicitor of your choice as soon as possible.
Private funding is an option but is rarely the best one for you.
Should you choose to fund your claim privately, you will have to pay legal costs incrementally and will be liable for both your solicitor’s costs and those of the defendant if you lose.
If you want to find out more about how you can fund a personal injury claim, contact our specialist team today on 0800 923 2068 or by emailing email@example.com