Injury claim compensation is designed to put you back in the position you were in before the accident. If someone else was at fault you’re entitled to make an injury claim. The settlement allows you to continue to do the things you wanted to before the accident.
The settlement covers your past and future losses and compensates you for injury. For example, loss of earnings, the cost of any care, cost of adapting your accommodation, treatment costs, can all count as past losses. Injury compensation looks at your needs in the future, and covers additional costs you can reasonably expect to incur. This includes future loss of earnings, future care and treatment costs.
The aim of the settlement is to give you financial security and pay for proper treatment and rehabilitation. The injury claim settlement covers your needs for your whole life.
Fees and costs
I don’t charge you for an initial consultation.
If I can help you, I usually work on a ‘no win no fee’ basis, which means that you don’t pay me if you lose. This is called a Conditional Fee Agreement (CFA). The way I charge means you get to keep all your compensation.
Solicitors are allowed to charge up to 25% of certain parts of your damages and subject to a cap if they win on your behalf. This is called a ‘success fee’. This could amount to a substantial sum. I think it’s wrong to charge success fees, so I will not take a percentage of your compensation.
My costs are paid by the person or company who injured you (in reality, their insurer). Some firms charge their clients the shortfall between the total amount of their costs and the amount they are able to recover from the losing party. I do not do that.
There are some costs in making a claim, but you avoid upfront fees because they come out of your settlement. For example, I may take out insurance on your behalf, in case you lose the case. So that you do not have to pay your opponent’s costs. The cost of the policy depends upon the amount of compensation you receive and is payable when you win.
Win or lose, you do not pay my fees.
What if I’m partly to blame?
Sometimes the injured person is found to be partly to blame for the accident. This is called contributory negligence, and if it happens, any compensation may be reduced in proportion. So, for example, if a person is found to be 50% responsible for the accident, the compensation is reduced by 50%.
But it’s important to remember that even if contributory negligence is found, compensation can still be a great help. In a very serious injury claim, 50% could still be a life-changing sum.