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Compensation Claim Funding

Funding Personal Injury Claims

Conditional Fee Agreements

Legal Aid is no longer available to fund personal injury claims. However, Folgate Legal Limited will be prepared to enter into Conditional Fee Agreements in cases with reasonable prospects of success. Most people know these as “No Win, No Fee” agreements.

Because the lawyers carry the risk they are entitled to charge a “success fee”. However, in smaller cases a fixed fee determined by Court rules may only be recoverable from the opponent, even if the claim is successful.

By law, the “success fee” cannot be more than 25% of the value of the claim for pain, suffering and loss of amenity as well as past loss. Future losses are recoverable in full. Folgate Legal Limited extend this protection voluntarily to ensure that the 25% cap covers any shortfall in costs as well as the success fee. Clients always know where they are and that they will recover between 75 and 100% of their compensation, no matter how difficult their opponents make the case.

The fee actually payable from any compensation depends upon:

The level of risk that the claim might not succeed

The amount of the compensation agreed or awarded

The reasonableness or otherwise of our opponents

Whether liability is admitted

Whether medical opinion is agreed or contested

What about the costs if the claim fails?

Provided the claim is not fundamentally dishonest the costs of the opponent should not have to be paid even if the claim is unsuccessful. It may not be necessary to take out insurance cover to cover any adverse costs but may be advisable to do so to protect against:

Having to pay disbursements we incur such as medical and Court fees
Failing to beat a Part 36 offer to settle made by opponents which then does create a potential threat to compensation.
It is a matter of weighing up the risks and the sums involved as against the insurance premium that would be charged from damages at the end of the claim if the claim was successful. Folgate Legal will be able to access suitable insurance arrangements to ensure that clients are protected and informed, as appropriate, on all issues relating to funding.

A Claimant who has an existing legal expenses policy may already have cover meaning that they do not have to end up paying any costs from their compensation but they may lose the ability to instruct their own choice of solicitor up to the point that Court proceedings are issued. Folgate Legal can advise further.

To find out what funding options can be offered in your case get in touch with Folgate Legal

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