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Making a personal injury compensation claim – what do you need to know?

1. What is ‘no win – no fee’ when making a personal injury compensation claim?

This means that if you lose your personal injury compensation case, you don’t pay anything. However, as a result of recent Government legislation, the way in which no win, no fee arrangements operate has changed.

There are separate parts to a ‘no win no fee’ agreement and it is important you understand these.

What you pay if your personal injury compensation claim is successful?

a. The Success Fee

If your claim is successful, you are required to make a contribution to your solicitor’s costs taken from the compensation awarded to you. This contribution, known as a ‘success fee’, is staged depending on the point at which the case is settled. These costs will NEVER be more than 25% of your compensation. However in serious head/brain injury cases we are often able to waive the success fee. We will discuss this with you at the outset of your case to make sure you are fully informed as to the costs involved.

b. Other costs

Any other costs are known as disbursements. These can include medical reports and court fees. In a successful claim, these costs will be covered by the losing party. However you will be responsible for paying any additional costs which the losing party is not ordered to pay.

What you pay if your case is lost and ‘After the event (ATE) Insurance’

The general principle in law is that the loser has to pay the winner’s costs and disbursements. Therefore, it is important your solicitor takes out insurance to insure against this risk on your behalf. This is called ‘after the event insurance’. The benefit of this will be that should you lose your case, your disbursements will be paid by the ATE insurance providers.

You must be aware of your obligations under the CFA which are:

  • you must not mislead your solicitor;
  • you must not fail to co-operate;
  • you must act in accordance with the agreement and the advice given by your solicitor;
  • should you wish to terminate your claim, you will be responsible for all costs and disbursements incurred by your solicitor;
  • that you understand the circumstances when you are entitled to seek assessment of your solicitor’s costs and disbursements and the procedure for doing so;
  • whether other methods of financing costs are available.
You can find out more about no win no fee agreements on the Law Society website.

2. How long will my personal injury compensation claim take?

Every claim varies. Some claims may take a matter of weeks to resolve whereas other cases can take anything up to a couple of years.  At Linder Myers we regularly keep client’s informed of likely time scales so that you are always fully aware of how your claim is progressing.

We successfully settle the majority of our cases in 6 – 12 months.

3. What is the personal injury compensation claims process?

At Linder Myers we understand that every claim is different however there are some basic steps you can expect when making a claim.

  • If you think you have a claim call or email us today and one of our dedicated personal injury experts will get back to you.
  • We’ll listen to your situation and advise you on the chances of success. We don’t take cases on that we don’t think we can win. We always work with your best interest in mind.
  • We’ll discuss costs from the outset. We have a range of funding options available, ensuring no personal risk or cost to you throughout your case including no win, no fee arrangements.
  • We’ll start gathering evidence to make your claim for compensation. Where we think it might be better to negotiate a settlement rather than go to Court we’ll discuss this with you and make sure you are informed and happy with our course of action.

4. How much will I get for my personal injury compensation?

The amount you receive will depend on the severity of your injuries and the extent of other financial losses. Issues that will be considered include:

  • The seriousness of your injury or illness
  • How your injury or illness has impacted your life
  • How much money you have lost or will lose as a result of your injury or illness
  • Any extra support you may require, now and over the course of your life.

Each year, we recover damages totalling millions of pounds for our clients.

Our personal injury lawyers will always advise what is best for you, contact a member of our team on 0161 832 6972 or email a summary of your claim, with your contact details, to enquiries@lindermyers.co.uk.

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