About Andersons

Business services

Individual services

Dispute Resolution

Employment Law

Family & Child welfare

Industrial Diseases

Making a Will

Moving home

Personal injury claims

News & Events

ring now on
0115 947 0641
 

Funding and Costs

The general rule is that the losing party is responsible for both sides reasonable legal costs.  It is important therefore that the method of funding chosen for your claim adequately protects you against such costs.

1) Legal Expenses Insurance – You may have a Legal Expenses Policy included within your Household Insurance or annexed to your Motor Insurance Policy, which will fund legal proceedings.

Whilst most legal Expenses Insurers have their own Panel Solicitors, by Law you are free to instruct a Solicitor of your choice.  Most insurers recognise this and will indemnify your chosen Solicitor to act on your behalf.  We will apply to them on your behalf.  If they refuse to indemnify us at the outset, they are legally obliged to do so when proceedings are issued.

2) No win – No fee - Legal Aid is generally no longer available in Personal Injury cases except for matters where the legal costs are likely to exceed £50,000 or where the costs of investigating a case would be at least £3,000.

We will consider funding your claim by way of a no win no fee agreement (CFA) if we feel that it has sufficient prospects of success.

To run alongside the CFA, we are able to purchase a policy of after the event insurance on your behalf which will protect you against your disbursements and your opponents legal costs and disbursements should your claim be unsuccessful.

The level of premium depends upon the type of accident and the likely level of damages.

We use Accident Line Protect Insurance which is endorsed by the Law Society.

How does it work?

At the first meeting we will assess the strength of your claim and if appropriate fund the matter by entering into a no win no fee agreement with you.

How much will it cost me?

You will NOT have to enter into a loan agreement to fund your claim.

You will NOT have to pay for an Insurance Premium to protect you in the event the case is unsuccessful.

As your case advances however it WILL be necessary to obtain expert reports for example a Medical Report and these fees WILL have to paid by you, unless it is decided that the firm will finance these payments on your behalf.

When you win your claim then any expert’s fees which have been incurred WILL be reimbursed by the losing party.  We would also aim to recover the majority, if not all, of the Insurance paid, from the other side.

•  What if I lose my case?

Firstly we will charge you nothing for all our work and we will receive no payment for all our work from anyone else unless you have mislead us about your case or stop giving us instructions

If court proceedings have been issued, the money paid for experts reports etc which include the insurance premium may be recovered under the terms of the insurance policy.

The other side’s legal costs will be met by your insurance company

3) Private Paying - You can meet our charges privately by reference to an hourly rate which will depend upon the experience of the fee earner.  Limits can be imposed whereby we will not carry out work beyond a certain amount without your prior authority.

If your claim is successful and you achieve damages in excess of £1,000 then we will recover your reasonable legal costs from the paying party - if you case is unsuccessful you will have to bear the costs and disbursements.

We accept payment by debit and credit card and also can arrange monthly installments.

Andrew Scott is a Partner specialising in Personal Injury cases at Andersons Solicitors in Nottingham and a member of the Law Society Personal Injury Panel

For further information contact Andrew Scott, tel 0115 947 0641, e-mail Andrew Scott. 

Whilst most legal Expenses Insurers have their own Panel Solicitors, by Law you are free to instruct a Solicitor of your choice.  Most insurers recognise this and will indemnify your chosen Solicitor to act on your behalf.  We will apply to them on your behalf.  If they refuse to indemnify us at the outset, they are legally obliged to do so when proceedings are issued.

We produce FREE monthly electronic newsletters including; Private Individual, Business and Employment Law.  You can register for your copy online from our website or e-mail Carly Williams.