Financial covering for personal injury claims
We are happy to talk to you initially on a free, no-obligation, basis. If we can help you with a personal injury claim, we will speak to you about the best way for you to fund the cost of your case. We understand that the legal cost of bringing a claim is crucial and can add to your worries.
There are various options for funding a personal injury case, and it is important that you chose the right option to protect yourself financially. What is good for one client won’t necessarily work for another, so we will give you detailed advice, tailored to your particular case and circumstances. We will always be clear about the options open to you, without putting you under any additional pressure.
‘No win no fee agreements’ – Conditional Fee Agreements
We act for most clients under what is commonly known as a ‘no-win-no-fee agreement’, technically known as a Conditional Fee Agreement (CFA). The principle behind all CFAs is that a client who loses their case (i.e. does not win compensation) will not be charged legal fees by their solicitor. That means that a client who does win compensation will be charged legal fees by their solicitor, but these will often be paid for by the Defendant to their case. Solicitors differ in their approach to what they will ask their client to pay – sometimes just the ‘success fee’ but sometimes also the ‘shortfall’ of other standard legal fees if the Defendant does not pay all of those. The detail and variations are complicated, but Anthony Collins Solicitors will only charge you the ‘success fee’, which is capped at no more than 25% of compensation for past financial losses (for example, lost earnings since the accident) and General Damages, which is compensation for the actual injury suffered. This means that our clients receive at least 75% of their compensation after payment of the success fee and often more than that.
CFAs are often accompanied by a policy of legal expenses insurance to protect clients against specific risks that arise in all compensation claims. We work with insurance companies and can secure a policy of insurance on your behalf in order to protect you financially if that is the best option for you. If a policy of insurance is taken out, the insurance company will only charge you an insurance premium if you win your case.
Pre-existing legal expenses insurance
We act for some clients whose car or house insurance company pays the legal costs of their case. We will always ask you to check all of the insurance policies you had in place at the time of your accident to check whether you might have this cover as part of a pre-existing insurance policy. If you do, we will talk to you about the specifics of your policy and help you to decide whether it is the best option for you. If you do have this insurance, you are free to choose the solicitor you want to represent you, even if your insurer says you should use a solicitor of their choosing.
Trade union funding
Some trade unions will pay the legal costs of a personal injury claim for their members, so we will always ask if you are a member of a trade union. If you are, we will go through this option with you to help you decide.
Legal aid funding
Unfortunately, legal aid is no longer available for personal injury claims.
The Court of Protection across international borders
The Court of Protection has authority in England and Wales but over the last year, we have worked on multiple cases where this authority has been needed overseas.