Contingency Fee Accident Compensation

What Is “Contingency Fee” Accident Compensation?

For many years “Contingency Fee” accident compensation has been marketed as a “no-cost” means of claiming compensation when you have been injured in an accident for which you were not to blame. Inasmuch as there are many valid reasons for taking advantage of “Conditional Fee Agreements” – where your lawyer waives his or her legal fees if they fail to win your “Contingency Fee” accident compensation claim – many people are unaware of the full implications of making a claim for “Contingency Fee” accident compensation and what it might cost — win or lose.

“Contingency Fee” Accident Compensation When You Win

Should your claim for “Contingency Fee” accident compensation be successful, your lawyer will charge their legal fees to the defendant´s insurance company, along with any expenses he or she has incurred for disbursements in the preparation of your claim and their “Success Fee”. Lawyers are entitled to add a success fee to the legal costs associated with your “Contingency Fee” accident compensation claim as a premium for accepting your case with no guarantee of payment; and, in theory, you should still receive your full settlement of accident compensation.

However, should the combined total of your lawyer´s legal fees, disbursements and success fee be considered to be excessive by a judge in relation to the award of accident compensation, you may be liable for any shortfall – and this will be deducted from your accident compensation settlement. Other occasions when you may not receive 100 percent of your accident compensation settlement are when you have been in receipt of State benefits for the cost of care or income support while your claim is being processed, or if you rejected an offer of settlement prior to court action which was of higher value than was eventually awarded.

“Contingency Fee” Accident Compensation When You Lose

Should you lose your “Contingency Fee” accident compensation claim, although your lawyer´s legal fees will be waived, you may be liable for their expenses and disbursements, and will have to pay the defendant´s legal costs. This could be very expensive if your claim for “Contingency Fee” accident compensation has involved court action and, because of the potential exposure to a substantial liability, “Contingency Fee” accident compensation lawyers recommend that you protect yourself from this possible situation by taking out a special insurance policy.

According to a Department of Justice survey, almost 60 percent of the United States population has legal fees insurance attached to existing household contents or car insurance policies; or as a benefit of certain credit cards and membership of selected motoring organisations. However, conditions — such as a limit on the legal fees insurance you can claim – are normally imposed by the insurance companies offering this “Before the Event” insurance policy, and it is advised that you take out an “After the Event” insurance policy before proceeding with a “Contingency Fee” claim for accident compensation.

“Contingency Fee” Accident Compensation and After the Event Insurance

After the Event insurance is essential when making “Contingency Fee” accident compensation claims, as it ensures – win or lose — that you will not be exposed to financial risk. The premium for an After the Event insurance policy can often be postponed until the outcome of your compensation claim is known, at which point — should you win your “Contingency Fee” accident compensation claim — the premium for the policy is included in the defendant´s legal costs; while if you lose your claim for “Contingency Fee” accident compensation the premium for the policy is paid by the policy itself.

After the Event insurance can also pay for any deficit between your lawyer´s combined legal fees and what is considered to be acceptable in the circumstances by a judge; however terms and conditions also apply to this type of insurance and you could forfeit the benefits of the policy if you refuse to settle your claim out of court when your lawyer advises you to, or you change lawyers during your “Contingency Fee” claim for accident compensation and the first lawyer still demands a success fee in addition to his or her regular legal fees. You are unlikely to be accepted for After the Event insurance if your lawyer declines to take your accident compensation claim on a “Contingency Fee” agreement.

“Contingency Fee” Accident Compensation Lawyers

“Contingency Fee” accident compensation lawyers have the final decision on whether they will accept your case on a conditional fee agreement and, as a rule, if your claim for accident compensation is 75 percent or more likely to be successful you will usually be offered “Contingency Fee” legal representation. However, pursuing a claim for accident compensation under a “Contingency Fee” agreement is no guarantee that the claim will be successful — and similarly, a lawyer´s refusal to offer you “Contingency Fee” legal representation is not a cast-iron indication that you have an accident claim for compensation which cannot be won.

Each accident claim for compensation is accepted for “Contingency Fee” legal representation, or declined, on its own merits after a thorough assessment of your claim has been made. Factors such as the cost of preparing a “Contingency Fee” accident compensation claim, or whether alternative funding sources would be more appropriate in your personal circumstances, will be taken into account along with the potential value of your “Contingency Fee” accident compensation settlement. The decision regarding “free” legal representation for your “Contingency Fee” claim for accident compensation might also be influenced by changes to the way in which “Contingency Fee” accident compensation claims are handled in the future.

Forthcoming Changes to “Contingency Fee” Accident Compensation Claims

“Contingency Fee” claims for accident compensation were first offered by lawyers in the Nineties after Parliament withdrew access to Legal Aid for many types of personal injury claims. The Government intends to further restrict access to Legal Aid in the Legal Aid, Sentencing and Punishment of Offenders Bill 2012 in which changes will also be introduced to the way claims for “Contingency Fee” accident compensation are handled. Consequently, if you have suffered an injury in an accident for which you were not to blame, and would like practical and current advice about making “Contingency Fee” claims for accident compensation, you are advised to seek professional legal advice at the earliest possible opportunity.

Free Advice for “Contingency Fee” Accident Claims

Our Accidents Injury Compensation Service offers free, impartial legal advice to anybody who has suffered an injury in an accident for which they were not wholly at fault. By calling freephone or completing a call-back form at the side of the page, you will be able to discuss the circumstances of your accident with an experienced “Contingency Fee” claims lawyer who will answer any questions you may have about making “Contingency Fee” claims for accident compensation without obligation on you to proceed with a claim.

Our Accidents Injury Compensation Service is available twenty-four hours a day, seven days a week, and any personal information you disclose to our lawyers is completely confidential. Whether you would like to establish that you have an accident compensation claim which is worth your while to pursue, require an estimate of how much accident compensation you may be entitled to receive or need to know what procedures should be followed to qualify for “Contingency Fee” accident compensation claims, call today on freephone .