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A recent report commissioned by the Association of Personal Injury Lawyers (APIL) is an independent, not for profit organisation providing accreditation to lawyers specialising in personal injury law. They have recently commissioned a report for their members which has found that while injuries have increased, claims have fallen. This indicates that the number of people going on to seek compensation is in decline. The report discusses several reasons for the fall in claims and in our experience one of the main concerns about making a personal injury claim is how to pay for it. It is therefore essential to establish the most appropriate way to fund your personal injury claim.

Options for funding a personal injury claim

If you are thinking about making a claim, there are several funding options available.

Private Funding

You can choose to pay for your claim as you go along, but you may not be able to recover all your legal costs at the conclusion of the claim if it is successful.

Legal Expenses Insurance

You may have legal expenses insurance as part of your travel, motor, or household insurance cover. Therefore, it is always a good idea to check your insurance policies to see if you are covered.

Conditional Fee Agreement (CFA or No Win No Fee)

A conditional fee agreement is a legal funding arrangement between you and your solicitor where typically you will only be required to pay for legal services if your case is successful, and you are awarded compensation. As such this reduces or eliminates the risks of you having to pay anything if you lose.

To fully protect your financial interests during a claim we may recommend you take out an ‘After the Event’ insurance (ATE policy) with a CFA agreement. This will cover you against any costs claimed by your opponent and any disbursements.

Trade Union Membership

If you are a member of a Trade Union, they may be able to assist you with legal matters and are likely to cover all legal fees.

We are sometimes asked if legal aid is available to fund a claim but it is largely unavailable in personal injury claims.

We will discuss with you all the funding options at the start of your claim and will advise you of the most appropriate funding after considering your financial situation and your insurance policies.

Should you wish to make a claim and discuss your funding options please contact Stephen Stafford who is a practitioner member of APIL.