Considerations in pursuit of an injury claim

21 March 2019

Accidents happen and it is the actions taken in the aftermath that will determine how you are best able to deal with the consequences.

Where appropriate the successful pursuit of a compensation claim can soften the blow, provide access to treatment and ease financial strain – and this is where the choices you make matter.

Whilst these claims can or are funded under a ‘no win no fee’ scheme, many people are unaware they may have access to legal expenses to pursue such a claim under their home insurance policy, credit card and/or car insurance. Such policies can be versatile and legal protection sometimes comes as standard or is added as an extra, which many take out without realising!

These policies can provide expenses for other professional legal services too, so it is wise to check and remember if you are a member of a Union you could have legal expenses or funding courtesy of membership.

In respect of the above, at initial consultations with a legal professional, particularly relating to personal injury claims, enquiries should be made as to any legal expense funding in place.

Remember also that government reforms mean up to 25 per cent of any compensation awarded in personal injury cases may be deducted for solicitors’ unrecovered costs.

Any responsible legal team should provide the client a breakdown justifying the deductions, rather than automatically taking 25 per cent of a final settlement. This is an issue that is gaining attention – yes, a legal firm is entitled to make a deduction from any damages, but it is up to 25 per cent and there is concern that some are taking the maximum as standard. Quite often if there is a legal expenses policy, deductions may not be necessary.


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