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.
How we can help
Some insurers act more reputably than others and we can help you persuade your insurer to allow you the freedom to select your own lawyer.
Alternatively, you do not need to use your own legal expenses insurer for the purpose of pursuing your claim. There are other options and alternatives, which we can advise on.
We believe it is fundamentally important that you have a choice and that you are allowed to select your own legal adviser to represent your interests, particularly when dealing with serious and complicated cases. Once armed with all of the correct information, you are able to make the best choice to suit your needs when pursuing your claim.
Colin Cook has acted on behalf of claimants and defendants under all manner of funding arrangements, including those involving conditional fee Agreements, Legal Aid and legal expenses insurance policies.
APIL Compensation Booklet
Please contact one of the team to discuss your specific requirements.
‘From first contact to completion of my case Hatch Brenner have been consummate professionals in every aspect of my claim. Thank you.’