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:
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
What Our Clients Say...
Thank you for your letter enclosing the cheque in settlement of my claim. I should like to thank you and your staff for all your help, advice and hard work in reaching this conclusion which you have made the least painful part of the whole episode.
Mr PM – Northamptonshire
Dear Marc, I have been extremely satisfied with the service that you provided. From my first telephone conversation with you to the last one, I had every confidence in your ability to fight my case successfully. (testimonial made for Marc Folgate at Scrivenger Seabrook)
J McVeigh – West Midlands
Dear Marc, many thanks for your cheque and an excellent outcome. Had the defence offered me half that amount at the beginning I would have taken it! You were very skilful; towards the end I thought we would go to court – and I would have gone. (testimonial made for Marc Folgate at Scrivenger Seabrook)
Anthony A – Hertfordshire