Funding Your Personal Injury Claim | BHP Law

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Funding Your Personal Injury Claim

Many people are concerned with covering the costs of legal expenses during a claim as legal aid is no longer available and conditional fee agreements, also known as no win no fee agreements, now have extra conditions.

Here we have outlined the necessary information for you to understand what options are available in funding your claim; all the costs involved in funding a personal injury compensation claim are outlines, alongside what is payable by you and the defendant.

Conditional Fee Agreements - No Win, No Fee

If we think that you have a higher than 50% chance of succeeding with your claim, we will offer to take on your case on a conditional fee agreement basis, which covers the cost of our time in dealing with the case for you.

If you win, we can usually recover most of the costs for our time from the other side, if the case is lost you do not pay for our time as long as you have cooperated with our advice.

The most you will pay is a success fee- capped at an absolute maximum of 25% of some of the damages, in most cases this will be less.

Paying privately

You can pay for your claim privately and we would be pleased to provide you with an estimate of the likely costs. We are happy to consider payment of costs in instalments and will keep you closely informed as to the level of costs incurred so you know exactly where you stand.

If you lose the claim you run the risk of paying not only our fees, but also those of the defendant (although you may be able to take out insurance against the defendant's costs). This is obviously a risk and we help you regularly review your chances of success so that you fully understand your position. If you win your claim, the majority of costs will normally be recoverable from the defendant, and we help you pursue that claim to make sure you are paid back everything possible.

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Legal Expenses Insurance

You may need legal insurance to cover the risks of running the case, the insurance would pay any disbursements incurred and any defendant's costs. Disbursements are charges relating to bills payable before the claim has settled and is mainly monies paid to experts, Court fees, etc.

You may not realise it, but you may well have legal expenses insurance through your house or car insurance policies, or through membership of a trade union or some other such organisation. It is important that you check to see if you have such insurance cover, otherwise you could end up paying for legal advice that you could have claimed for free. We can help you review your policies and make a claim where necessary.

Since April 2013, it has not been possible to recover the costs of this insurance from the Defendant as the Government has changed the laws surrounding personal injury compensation claim costs.

If you decide to proceed with your claim, we will advise you as to the appropriate policy for your claim, the premiums range from £35 for a Road Traffic Accident that settles without Court proceedings, to around £900 payable by you for a substantial Medical Negligence case. We can discuss all the available policies with you in person during our initial interview, we have looked carefully at policies and entered into agreements with insurers which cover the most risks, at a minimum cost.

Costs Insurance

Costs insurance can be taken out at the beginning of a case. This protects you from having to pay the defendant's costs if your claim is unsuccessful.

Disbursements

To run your case for you, we have to pay the bills that other professionals send in, which are not covered by Conditional Fee Agreements - no win no fee, as they only cover our time.

These bills could include:

GP and hospital record costs.
A medical report;
- depending on the injury and/or your care needs, possibly more than one report from more than one specialist will be needed to support your claim.
Court fees if proceedings have to be issued.
Barristers fees depending on the complexity of the claim.
Possibly other experts fees.

We will usually ask you to pay for the GP and hospital records. GP notes are in the region of £50, and then hospital charges are around £50 per set, however if the case relates to a deceased case, such as a Fatal Injuries claim then both the hospital and GP can charge more.

After that, so long as there is an insurance policy in place that will meet the costs of claim should the case be lost, then we will not ask you for the funds.

If you are on low income or means-tested benefits you may be exempt from Court fees.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team, complete our call back form or contact us directly at your local office.