Covering the costs of making a claim

If you think you may have a personal injury claim, you may wonder how you will cover the costs of making a claim, such as solicitors’ fees.

A popular way to fund a compensation is via a no win, no fee claim. This is an arrangement with your solicitor which means that if you lose your case, your solicitor does not get paid.

How do no win no fee claims work?

Without a no win, no fee claim, the loser normally pays the legal costs of the winner in addition to their own costs, subject to certain rules known as ‘qualified costs shifting’.

  • In no win, no fee claim cases, we agree not to charge a fee unless the case is successful
  • In no win, no fee claim cases, costs risks may be limited to paying the other side’s costs if you lose, plus any ‘disbursements’ (such as the cost of expert witness reports) and court costs
  • You can however buy insurance to cover these costs and we generally require that you do so

Running a legal action on a no win, no fee basis with costs insurance means that as your solicitor, we are taking the largest financial risk:

  • In no win, no fee claims, if you lose we don’t get paid, but the insurance will cover any exposure to the other side’s costs and your own disbursements.

Because of this risk, we will charge a ‘success fee’:

  • The success fee varies depending on how risky the case is
  • You will be expected to pay the success fee from your compensation

The two forms of legal insurance you can buy to cover court costs are called:

  • After the event (ATE), which is bought when you are in a dispute and need to cover your costs and the other side’s legal bill should you lose
  • Before the event (BTE), which is commonly sold with house or motor insurance policies to cover your costs in the event of your being sued

One of the first steps we will take in advising you on funding is to check whether you have ‘before the event’ insurance cover in place already.

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To find out if you have a claim, please contact us to discuss how our Personal Injury Solicitors can help you. For a quick response to your enquiry, call us now or use our online chat.

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