Personal Injury Solicitors Funding & Support FAQs
Will you help me with my rehabilitation and support?
Yes. We can assist with rehabilitation in three ways. Firstly, we can ask the insurers of the Defendant to offer a rehabilitation package and this can extend from an initial nurse-lead assessment to the provision of therapies, medical consultations and equipment. Secondly, we can obtain an interim payment in some cases so a claimant can buy private treatment. In serious cases, we can arrange paid-for home care and even adapted accommodation all funded via interim payments. Finally, we can include in the claim financial outlay which has paid for treatment and recover incurred and expected future costs of it. In serious cases, we can arrange paid-for home care and even adapted accommodation all funded via interim payments. We can also arrange car hire, but we suggest that you avoid “on credit car hire”.
Who will pay for my rehabilitation?
The defence insurer or the claimant through an interim payment but the needs are included in the claim.
How do I fund my personal injury case?
Most cases are funded through no win no fee arrangements. In some cases, it is possible to fund cases through a union (for accidents at work) or through domestic insurance products through such insurance (often known as family legal protection) is best approached with considerable caution. Many schemes are unlawful referral – fee generation devices and though you are supposed to be allowed your own choice of lawyer from the very outset, you will hardly ever be given that choice, and preventing you from exercising that choice is illegal under rules made in 1990.
What happens if I lose?
It is possible to lose by losing at trial and it is also possible to partially lose by not recovering as much as a pre-trial offer.
For an outright failure of the case, and provided a claimant has been honest, a claimant should not have to pay opponents’ legal fees/expenses; as for own side legal fees these are likely to be written off under a no win no fee arrangement. Own side expenses are funded via a loan but the loan is insured by no win no fee insurance so the insurance should pay off the loan.
If a claimant fails to beat a pre-trial offer it is possible that the court will award the claimant the costs up to the time the offer was received and award the Defendant the costs after the offer was made, which the claimant will have to pay, but the amount will be capped at the amount of the damages and should be insured under the no win no fee insurance.
How do I pay if I win?
If you win the result depends on whether the case is one where fixed cost apply.
Fixed costs determine what the opponent has to pay, and the amounts were set in 2013 by regulation. Fixed costs operate in most cases with a value of less than £25,000. The fixed costs are set low in order to reduce insurance premiums for the public and bear little or no relation to the legal work actually required. So, in such cases, the Claimant will have to use part of the compensation to meet the difference between the actual costs and the fixed costs the Defendant will pay.
Costs recovery in a case worth more than £25,000 is subject to negotiation. The Defendants tend to make offers to settle the costs and if the costs cannot be agreed the court determines the amount to be paid. There are often shortfalls between the costs incurred and the costs recovered from the Defendant which the claimant may have to pay in whole or in part.
Whatever the case value, the Claimant will also have to pay for no win no fee insurance and possibly a success fee though many firms no longer charge success fees in straight-forward cases.
Will I pay tax on my compensation?
No. compensation for injuries is normally assessed on the amount net of tax and it is compensation which is not generally subject to tax through the receipt of compensation may affect the entitlement of a household member to means assessed state benefits so a trust may be required to prevent this from occurring.
Can I claim for my loss of earnings?
In most cases, a loss of earnings claim can be brought provided the loss is attributable to the injuries. Such claims can be for historic losses which have already been incurred and for losses of earnings likely to arise in the future, for example, if a claimant cannot, because of an injury, work to normal retirement date or perhaps the range of jobs open to a claimant becomes more restricted due to injury.
Can I claim for my emotional pain?
Not generally. Emotions are not injuries but feelings and changes of feelings do not attract compensation, so worry or anxiety or fear are not able to be compensated but if there is a recognised psychological injury that is an entirely different matter and conditions such as post-traumatic stress disorder or adjustment disorders and depressions are recognised mental health injuries for which compensation claims can be brought.
Can you take over from my current solicitor?
We can always look at taking over a case from a firm of solicitors already handling the case but there are often practical difficulties over the payment of the fees of the first solicitors. It can increase overall legal charges so the question to be decided is whether swapping solicitors will be more beneficial than the resultant fee increase overall.
Contact Salmons Solicitors Personal Injury Experts
If you have any additional questions regarding personal injury, speak to our solicitors today. For over 20 years we have worked in Newcastle under Lyme & Stoke on Trent giving professional advice tailored to your individual circumstance. In addition to the FAQs listed above, we have further personal injury help including General FAQ’s, Responsibility & Evidence Support, No Win No Fee, & Scenarios.