Funding Your Brain Injury Claim

The most common way to fund a claim for personal injury or clinical negligence is by way of a Conditional Fee Agreement (No Win No Fee Agreement). 

 This type of funding arrangement is accompanied by legal expenses insurance, which provides additional protection in relation to the financial risks associated with conducting a legal claim.

You may find that you have legal expenses insurance cover on your home or motor insurance policy. In the majority of cases, the insurers that issue these policies will insist that you use their own panel of solicitors in order to benefit from the policy. Rarely will the insurers tell you that you have, in English and European law, the freedom to choose your own solicitor in cases of this nature. Often insurers will either ignore this particular law or place their own interpretation on it by stating that you are only allowed to choose your own legal adviser when court proceedings are issued.

On each and every occasion that these issues have been brought before English and European courts, the courts have held that the client has the absolute right to select their own legal advisers. If your own legal expenses insurer will not permit you to do this, you may wish to ask yourself how open and transparent that insurer is being in relation to your legal needs and whether you want that insurer to have an ongoing interest in your case.