Funding Your Claim
The most common form of funding your claim for a personal injury or clinical negligence action is by way of a Conditional Fee Agreement (No Win No Fee Agreement). This type of funding arrangement is accompanied by legal expense insurance cover which provides you with additional protection in respect of the financial risks associated with conducting a legal claim.
You may find that you have legal expense insurance cover on your home or motor insurance policy. In the majority of cases, the insurers who issue these policies will insist that you must use their own panel solicitors in order to gain the benefit of the insurance cover under the policy. Rarely will the insurers tell you that you have, in English and European law, the freedom to choose your own solicitor to act on your behalf 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 expense 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 will act more reputably than others and we can help you persuade your insurer to allow you the freedom of choice to select your own lawyer.
Alternatively, you do not need to use your own legal expense insurer for the purpose of pursuing your claim and there are other options and alternatives available which we can advise you upon.
We believe it is fundamentally important that you are provided with a choice and, once armed with all of the correct information, you are able to make the best choice to suit your needs in pursuing your claim.
We believe it is critically important that you are allowed to select your own legal adviser to represent your interests, particularly when dealing with serious and complicated cases.
Colin Cook has acted on behalf of Claimants and Defendants under all manner of funding arrangements to include Conditional Fee Agreements, Legal Aid, and under Legal Expense Insurance policies.Download PDF:
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.’