Avoiding Common Accidents

For most individuals the most worrying aspect of any legal action is the cost. Personal injury claims can take years to resolve and lawyers are expensive. However, it is unusual for personal injury claims to get to court, usually the two parties agree to a settlement at some point in the proceedings. Legal aid is no longer available for personal injury claims in England and Wales.

The first step in any potential claim is to ensure that there is a valid claim. If an individual does have a valid claim the next step is to decide how the costs will be met. With private fee paying the claimant agrees to meet all the costs and disbursements of the solicitor. Solicitors charge an hourly fee which will vary depending on the seniority of the solicitor. Other people such as trainee solicitors, legal executives and paralegals will also work on the case and must be paid. Costs can rapidly run into hundreds or even thousands of pounds. If an individual chooses this method of payment, he or she should be clear of the cost from the start and ask the solicitor for notification if costs exceed a certain threshold. If the case is successful these costs can be claimed back.

Conditional fee agreements or no win no fee injury claims are accepted by some solicitors, although not all. In this case the claimant does not pay any fees and these will be paid by the other party should the case succeed, or be covered by insurance if the case is lost. However, the claimant may be asked to pay expenses such as court fees, police accident report fees, medical report fees and a one-off insurance payment (usually claimed back at the end of a successful case).