Leicestershire Law Society Firm of the Year 2018


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Funding Arrangement in Personal Injury/Clinical Negligence Claims

How will I pay for your legal services?

There are several ways in which you can pay for the services we provide to you relating to pursuing a claim for personal injury or clinical/medical negligence.

We do appreciate that for those injured through no fault of their own, managing your finances is likely to be a huge concern.  We do not want to add to that pressure.

Conditional Fee Agreement more commonly known as a ‘no win no fee’ or CFA.  This is an agreement to defer our fees until the successful conclusion of your claim.   If the claim is unsuccessful we do not charge a fee.

However, as we are taking a significant financial risk in that we will not be paid if your claim is unsuccessful, we are entitled to claim a “success fee”.  This is calculated as a percentage of compensation recovered for your injuries and past losses, the level of which will depend upon the complexities of your case but will be no more than 25% of those damages.  This success fee will be deducted from your compensation and is not recoverable from your opponent.

The usual rule in relation to costs is that the losing party pays the winning party’s costs, subject to certain rules.  You can however buy insurance which will protect you against having to pay your opponent’s costs in certain situations.   You may be asked to pay for expenses known as ‘disbursements’ which will include medical expert fees and Court fees but these will be covered by the insurance in the event the claim is unsuccessful.  The premium for that insurance policy can also be deferred until the conclusion of the claim and can be deducted from the compensation recovered.

Under the terms of such an agreement, if your claim is unsuccessful you will not have to pay our legal fees or our success fee or the insurance premium.

Contingency Fee Agreements

These are more commonly known as “Damaged Based Agreements” and are similar to a ‘no win no fee’ agreement as described above.

 

Private Paying is where you pay for your legal costs as the claim progresses.  This would involve making regular monthly payments to the firm, in accordance with the work undertaken on your behalf during that month.  In addition to the legal costs incurred by your lawyer, you will be responsible for paying for the disbursements.

We will provide you with a costs estimate at the outset, indicating at what stages and in what circumstances that estimate may need to be revised.

If your claim is successful, then we will seek to recover the costs you have paid from your opponent’s insurers.  However, we cannot guarantee that we will be able to recover all of the costs you have paid.

If your claim is unsuccessful, you will not recover any of the costs you have paid.

 

Legal Expenses Insurance is often available through a home insurance policy or a motor policy or as part of your credit card terms.  This is essentially a policy which provides cover for legal expenses incurred in certain circumstances.  Many policies provide cover for personal injuries but some specifically exclude cover for injuries sustained over a period of time or as a result of clinical negligence.  We will be able to fully advise you as to the level of cover and whether it is appropriate for your claim.

If you do have appropriate cover, then your legal costs including disbursements will be covered by that insurance policy.    If your claim is successful, you will be entitled to receive all of your compensation, without deduction and we will seek to recover our costs from your opponent’s insurers.  You will not be responsible for paying any shortfall in the costs we claim and the costs actually recovered.

If your claim is unsuccessful, you will not have to pay for your legal costs.

Sometimes the insurers restrict your choice of solicitor prior to the issue of Court proceedings.  If this applies in your particular case, we will fully advise you as to the implications of such a restriction.

 

Trade Union cover also tends to provide legal advice and assistance through the scheme and is similar to the provisions of a legal expenses insurance policy.  If you do have cover via your Trade Union, we would need to consider the terms and conditions of that cover before being able to fully advise you.

 

Andrew Eagle
Steven Mather
Sheila Valand
Peter Millward
Vickki Ridgway
Joe Matharu
Trainee Solicitor
Harborough
Ed Liddell
Trainee Solicitor
Market Harborough