Don t Delay Claim Today!

The Government is introducing changes to the way in which personal injury claims are funded and the costs that may be recovered. These changes will take effect on 6 April 2013 for all personal injury claims with the exception of claims for mesothelioma.  The Government is currently reviewing whether the reforms will apply to mesothelioma claims.

Many people will not be aware of the Legal Aid, Sentencing and Punishment of Offenders Act which received Royal Assent on 1 May 2012 and will come into force on 6 April 2013. If you are unfortunate enough to have an accident after this time it could impact on you financially.  

In personal injury claims if you do not have any insurance to cover legal expenses (you may have this with home or motor insurance) Solicitors will usually offer a ‘no win no fee’ agreement and put in place insurance to cover the claim. The insurance is necessary because if the claim is not successful the insurance will cover any costs for which you, the Claimant, will be responsible. This can include the costs payable to third parties such as medical examiners as well as the defendant’s legal costs. The insurance does not cover your own legal costs as under the terms of a ‘no win no fee’ agreement we would waive our fee in the event of an unsuccessful claim.  

Currently in successful claims the Claimant is able to recover the cost of the insurance policy from the defendant (if the claim is unsuccessful there is no premium for the Claimant to pay – we realise that this seems strange but can explain this to you in more detail if you wish to make a claim!). As of 6 April 2013 this will no longer be the case and will mean that Claimants who have a successful claim will have to pay their own insurance premium after they have received their compensation. Insurance premiums can range from between about £350 and £1,600 for a claim with a value up to £25,000.  For claims worth more than this the premium will be higher and dependent on the value and complexity of the claim.

We expect you are thinking that this sounds unfair and we agree with you.  In a successful claim after all the defendant has been found liable for the accident so why should you, the Claimant, lose out.  Unfortunately despite the injustice we are now stuck with this new law and therefore advise you, if you have been injured in an accident that was not your fault, to contact us sooner rather than later.

If you do decide to claim after 6 April 2013 we will of course ensure that the insurance delivers the best cover at the best price.

If you are considering making a claim please contact Tracey Barton on 01752 292311.


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