Currently, personal injury claims are rarely available. But there are three main funding options:
• Conditional Fee Agreement (no win, no fee)
• Trade Union Funding
• Legal Expenses Insurance
Pursuing a compensation claim for personal injury shouldn't cost you a fortune. This is a result of the changes effected by the Access to Justice Act of 2000. In fact, even when home visits are necessary, most solicitors give free initial interview, where they discuss funding alternatives.
If you are covered by legal expenses insurance or you are a member of a trade union or a professional association, you may have nothing to pay, depending on the terms of the agreement and/or policy. If your arrangement with your lawyer is on the basis of a "no win, no fee", then you may need to pay off an insurance premium, which will be refunded when the claim is successful. The insurance will cover you from the risk of paying the other party's fees if the claim is lost or discontinued, granting that court procedures have been started. Once you succeed, the insurance provider or the opposing party is responsible to pay the claimant's basic legal fees plus a "success fee" (a lawyer's bonus for handling the case despite the possibility that he/she will not get paid if the case is not won).
With the new rules relating to costs in place, claimants have a better position than before and may pay nothing at all if the solicitor works on a policy of "no cost to you". But also, be informed that some law firms and organizations who have "no cost" policies may not have the expertise because they deal mainly with low value (fast track) personal injury claims. Claims pertaining to industrial diseases are more complex and would require competence.
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