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Changes to the funding of personal injury claims from April 2013
The government has introduced significant changes to the way in which personal injury solicitors are allowed to charge for pursuing legal compensation claims.
You may already have heard or read about the new laws introduced in April 2013 which will change completely the way in which these claim are brought.
The first change to bear in mind is that as and from April 2013 the sale of personal injury claims or referrals will no longer be legal.
Secondly, the new law (contained within the Legal Aid Sentencing and Punishment of Offenders Act 2012) encapsulates Lord Jackson's sweeping changes providing that successful claimants will no longer automatically receive 100% of their compensation award. This is because whereas before the successful Solicitor could charge a "success fee" for pursuing the claim on a "No Win No Fee" basis and that amount would be paid by the losing party, the new law provides that this "success fee" is to be taken off the successful Claimant although it is limited to 25% of the compensation received.
In addition, whereas before it was possible to recover the cost of insuring the case against losing and having to pay legal disbursements (e.g. court fees, medical report fees) which are quite separate from Solicitors' legal fees, the new law provides that any "After the Event" legal expense insurance premium again will be deducted from the Claimant's compensation. Although the new law provides that in most cases (where there has been no fraud and no unreasonable rejection of a sensible offer to settle) there will be no obligation on a losing Claimant to pay the winning side's costs it is still the case that the Claimant stands a risk of losing out on the cost of disbursements if they are not insured.
As you will appreciate these changes are designed to ensure that Claimants have a "stake" in pursuing their legal claims. Whilst there is a likelihood that there will be a deduction from the compensation at the end of the case we still consider that deserving accident victims injured through no fault of their own should be entitled to justice and compensation for injuries sustained through the fault of another person or body.
If you have suffered an injury that was not your fault then call us on freephone 0800 5521 2221 or complete an online application form at http://www.cooks-solicitors.co.uk/start_your_claim.cfm and we will do our utmost to assist.
Accident Types
Testimonials
Public Liability
Pedestrian Fall from Bicycle
Miss H was knocked off her bicycle when her front tyre struck a loose paving stone jutting into the road. She sustained a head injury causing severe short term memory loss and mood swings. After 2 years her original Solicitors withdrew from the case as they believed her claim had less than a 50% chance of succeeding. Miss H contacted Cooks who agreed to represent her on a No win No fee basis.
Within 18 months the matter was resolved and Miss H received a settlement cheque of £300,000.00. She told us
Within 18 months the matter was resolved and Miss H received a settlement cheque of £300,000.00. She told us
"Thank you Cooks for believing in me and my claim. My Solicitor was always available to me and happy to explain each step of the process. The only surprise was how much you managed to obtain for me without the need to go to trial. I will tell all my friends about your great service."
Miss H from London
Examples of Compensation Awards for Injury Claims*
Serious Back Injury
£30,000
Wrist Injury
£3,000
Serious Neck Injury
£30,000
Serious Hand Injury
£10,000
Ankle Injury
£3,000
Serious Knee Injury
£20,000
Serious Head Injury
£50,000
*damages for loss of earnings and other losses and expenses are commonly paid in addition to the injury award and will vary in each case