A woman who was hit by a speeding driver while crossing a road in a city centre has been awarded a...
It should not be necessary for you to make any payments to your solicitor for legal costs until the conclusion of a successful claim. With the removal of Legal Aid it was recognised that a member of the public with moderate means could not take the risk of meeting these fees and so today personal injury claims should be funded either through a CFA in conjunction with after-the-event insurance, or through before-the-event Legal Expense Insurance (LEI).
CONDITIONAL FEE AGREEMENTS (CFA OR NO WIN, NO FEE) WITH AFTER THE EVENT INSURANCE
You cannot enter a CFA if you have LEI in place at the time the accident occurs. If you do and it turns out later that you did have LEI, it will invalidate your CFA. Your solicitor will help you check whether you have LEI.
Any solicitor who regularly does Personal Injury work should be prepared to offer a CFA if they feel you have a good case.
Under a CFA your solicitor runs the case on the basis that if it turns out to be unsuccessful no legal fees will be charged. In certain circumstances, the defendant's lawyers will need to be paid and therefore your solicitor must arrange insurance against this and other payable costs (medical experts' fees, court fees etc) from the start. The premium for this cover can be deferred and at the end of the claim this will be payable from your compensation if you win.
You should not pay anything if your claim is unsuccessful and the insurance premium will be waived.
BEFORE-THE-EVENT LEGAL EXPENSE INSURANCE (LEI)
The majority of drivers have LEI attached to their motor policies even if they are unaware of it. Some insurers automatically provide this cover under the main premium.
LEI is also often attached to home contents insurance policies and this normally covers claims relating to other types of accident - sometimes even medical negligence - the policy document will specify the types of claim it covers and if in doubt, your solicitor will explain the extent of cover.
LEI is sometimes also attached to credit cards and whilst less common, is worth checking
LEGAL AID
The changes brought about by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 mean that legal aid is no longer available in the vast majority of claims. An exception applies to certain clinical negligence claims on behalf of severely disabled claimants who suffered brain injury either before, during or soon after birth.
HOW DO I KNOW IF MY SOLICITOR HAS THE RIGHT EXPERIENCE?
Indicators that the solicitors you instruct have knowledge and experience to deal with any type of claim include membership of the Law Society's personal injury panel, a Clinical Negligence Franchise and membership of referral panels for AVMA (Action against Medical Accidents), the Spinal Injuries Association and Headway, the charity for victims of brain injury. Clarkson Wright & Jakes have members of all of these panels and associations.