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How can we help? FAQS

How can I fund a claim for a personal injury?

If you need to make a personal injury or clinical negligence claim, our team have vast experience of acting on behalf of Claimants and Defendants under a variety of funding arrangements including working with insurers.

Which funding arrangement you choose will depend on your own personal circumstances. We would advise you spend the time to consider all your options prior to proceeding with a personal injury claim. In the vast majority of cases, Legal Aid is no longer available to fund personal injury legal claims. We offer an initial free no-obligation meeting to set out your options, which may include:

  • A no win, no fee agreement; usually the most common form of funding for a personal injury claim or clinical negligence action. Also known as a Conditional Fee Agreement (CFA), should you win your case, part of your awarded compensation will go towards paying your legal costs. A huge advantage of this funding option is that should you lose the case, you do not have to pay any legal costs, so the financial risks to you are low. Your opponent’s legal costs are paid by insurance that a solicitor will arrange on your behalf, known as After The Event (ATE) insurance.
  • A second popular funding route is via the legal expense insurance cover attached to your home, contents or motor insurance policy. In some cases, it is also included with your bank account or credit card. It can also be known as Before The Event (or BTE) insurance. While the insurers issuing these policies may recommend you use their own panel solicitors to pursue your claim, you have a legal right to select your own legal representation. You will also need to check the wording of your policy carefully – some have a limit of indemnity set at a pre-determined amount, so your insurance may not cover a particularly high-value claim. Similarly, you may have an excess or a time limit on your claim.
  • Individuals are entitled to fund their own personal injury claim privately – although this does carry financial risk as you may be liable for legal costs, even if you win your case.

Visit the Funding Your Claim page within the Brain Injury section of the site to find out more.

Read more: Brain Injury: Your legal right to select your own legal advisor

If you would like further information about any service, call us on 01603 214220