Personal injury advice from
Thompsons Solicitors
Costs and risks
Q. Will I have to make a payment to use the service?
Q. Do I have to pay any fees at all?
Q. How is the cost of my claim funded?
Q. What do I stand to lose if my claim is unsuccessful?
Q. Do I have to get a loan?
Q. Will I have to pay my opponent’s costs if I lose?
Q. Does this information apply to everyone?
Q. Is my job at risk if I make a claim against my employer after an accident at work?
Q. Will I have to make a payment to use the service?
A. No. Our solicitors bear all the costs until the case is settled. If your personal injury claim is successful, they claim everything back from the losing party, if not, insurance will cover the costs.
In certain clinical negligence cases, it may not be possible to make an accurate assessment of your compensation claim without first obtaining a medical report or expert medical evidence. You may need to fund this report initially, but we will always ensure that we discuss and agree any such costs with you in advance and if your claim is successful they will be recovered for you.
There are other possible exceptions, as detailed in the section below.
Q. Do I have to pay any fees at all?
A. No. There is nothing to pay for our services, win or lose.
There are some exceptions to this -
- In Northern Ireland different funding arrangements may exist, due to different procedures and Law Society Regulations.
- In Medical Negligence cases. Exceptionally, in a medical negligence claim, it is sometimes necessary to carry out investigations before proceeding with the case, in order to establish whether there is a valid claim. For example, we may need to review your medical records. Often the provider will seek payment for this information, and you may be asked to pay this.
As soon as the evidence confirms that there is a valid claim for compensation, we will be able to proceed with the case, and, in most circumstances, will be able to recover those pre-case payments. However, should your claim not proceed, we would be unlikely to recover those payments.
- Some accidents outside the UK, where the incident can not be pursued via the courts in England and Wales.
- CICA claims for injuries sustained as the result of a criminal assault.
No payments would be made without your agreement, and we would explain the reason for needing the information to be obtained. We would also explain the possible risks involved in being able to recover those payments.
Q. How is the cost of my claim funded?
A. Our solicitors delay their costs until the personal injury claim is settled and then recover them from your opponent. They have access to insurance to protect you against any risks, for example if your claim is unsuccessful. For further information, see our page on funding your compensation claim.
If your case is lost our solicitors will meet the cost of any policy premium, and that policy will cover the opponent's legal costs. Our solicitors will bear their own legal costs and expenses.
If you win, you will receive 100% of the compensation (apart from the exceptions detailed in the section above).
Q. What do I stand to lose if my claim is unsuccessful?
A. In most cases, absolutely nothing. There are a few possible exceptions, as detailed above.
Q. Do I have to get a loan?
A. No. Unlike most claims companies and some law firms who insist you sign a loan agreement to pay for litigation insurance (often at an inflated price), we don’t.
Q. Will I have to pay my opponent’s costs if I lose?
A. No. Whilst court rules mean that costs have to be awarded against you if you lose your case, you won’t have to pay them.
If we pursue your case, our lawyers may advise you to take out an After The Event insurance policy to cover the other party’s costs. This will not cost you anything. For more details, see the section on After The Event insurance.
Q. Does this information apply to everyone?
A. Not necessarily. In some cases in Northern Ireland, where applicable, an application for Legal Aid may be made. There are also some other circumstances where we may not be able to guarantee a completely cost-free service, as detailed above.
Q. Is my job at risk if I make a claim against my employer after an accident at work?
A. Many people are concerned about making a claim against their employer, as they fear they may be dismissed from their job or receive unfavourable treatment as a result. At The Legal Line however, we handle a great many claims for employees who are injured at work and continue to work for the same employer without any problems. If you are injured through the negligence of your employer you are entitled to be compensated and employers are required by law to take out insurance policies for just such a purpose. Any compensation would be paid out by the insurer and not by your employer.
If you were dismissed because you made a personal injury claim, whilst there is no specific ban on such action, it would almost certainly be grounds to bring a case for unfair dismissal and may in certain circumstances, also amount to unlawful discrimination.
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