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.
We act for some clients who choose to pay the legal fees themselves. If they win their case, we will seek payment of all of the legal fees from the Defendant, who reimburses you as the Claimant. It is rare for a client to choose to fund their case privately but in certain circumstances, it might be the best option, in which case we will support you with this.
Supporting you in getting the justice you deserve
A personal injury can be a difficult thing to move on from, especially when it’s not your fault and it's life-changing. You can rest assured you'd be in the best possible hands - read about the support we've provided to other clients in their time of need here.
Find out here what happens in a typical personal injury compensation case. Whatever your injury, contact us and we will work with you to help you get the justice you deserve.
We are very happy with the outcome and very grateful to Ann for all of her hard work.
Head of the claimant clinical negligence and personal injury department.
We have been recognised for the work we do
One of the most important benefits of lighter nights is the improvement in road safety.
Anthony Collins Solicitors (ACS) won four awards at the Birmingham Law Society Awards last night (8 March 2018), including Law Firm of the Year (16 partners or more).
In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
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