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April 2013 saw the biggest shake up of the personal injury compensation claiming world when our wonderful government decided to change years of access to justice and fairness by stopping the recovery of all legal fees from the opponent.

It isn’t fair – why should the victim have to pay to claim?

The result is that other lawyers are now taking up to 25% from your payout if you win the case. For the Success Fee, which is one of the unrecoverable fees, a lawyer can take up to a maximum of 25% from your payout to cover this. On top of that, lawyers are asking for payment of insurance as this is no longer recoverable.
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Before you instruct a law firm, you need to know about the recent legal reforms that have led to lawyers now charging clients to make a claim for compensation. The reason for this is that the government have stopped the recovery of two legal fees – a Success Fee and an After The Event insurance premium.

Lawyers can now take up to 25% of a client’s compensation to cover their Success Fee which they cannot get from the other side. On top of this they are asking for payment of insurance.
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Rupturing ligaments is serious, and normally requires surgery for repair or reconstruction followed by a significant period of physical rehabilitation. When making a claim for personal injury compensation, the more you suffer the more compensation we get for you. Compensation for ruptured ligaments and the severe amount of inconvenience that is caused is therefore taken very seriously.

How we value your claim

The way in which we value your claim is simple – we will organise an appointment with a medico-legal expert who will provide a report to us based on your medical records and your account of the suffering and inconvenience that has been caused. In the case of a ruptured ankle ligament, you will normally see an Orthopaedic expert and perhaps a Plastic Surgeon separately for any scarring. We use the report and our considerable wealth of experience in line with official guidelines to value your claim. This forms the General Damages part of your claim.
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Our offer of 100% compensation for you is totally genuine. Since the law change in April 2013, other lawyers are unable to offer you a 100% agreement because the government changed the law resulting in lawyers being unable to recover all of their fees from the opponent.

The two things we can’t recover, and how a lawyer charges you, are:

• Success Fee – which can now be recovered from your compensation. A lawyer cannot deduct any more than 25% from your payout to cover this fee. The market appears to have settled on lawyers charging the max amount of 25%.
• After The Event insurance premium – of which many lawyers are asking for payment of this upfront.

But a huge concern of ours is that many law firms are not confirming what deductions they will make on their websites, and several are not informing people when they are contacted. According to many of our clients who have come to us after dealing with other firms, they were never told of a deduction and only realised they would face one when they received the paperwork.
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The big question! We’ve blogged about this a lot recently, so for those of you who are still in the dark, I have some good and bad news for you.

The Bad News

Let’s start with the bad news first. If you make a claim for personal injury compensation, law firms are likely going to take up to 25% of your compensation and ask you to pay an insurance premium for After The Event insurance.  The reason for this is down to our wonderful government destroying years of access to justice and helping the insurers maintain their massive profit margins by stopping law firms recovering certain fees from the opponent.

For years now, people have been able to get 100% because their lawyer was entitled to recover all fees from the opponent. That’s fair right? Why should the innocent victim have to pay to claim? But in these critical political times, our government decided to stop lawyers recovering all fees resulting in the innocent victims being charged.
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Calculating your compensation before a case is settled is never an exact science. We would often give you a bracket once you have made a claim and any offers which fall into that bracket, we would likely advise to accept and any which fall below the bracket, we would probably not advice to accept.

What is going to be discussed is how we at The Injury Lawyers calculate what should be owed to you and what evidence we may need.

Medical Evidence

It is important to obtain medical evidence if you are proceeding with a claim. Not only does this help you on the way to recovery but it is also proof of your injury. A medical report will usually be obtained and approved by you to use as evidence. This can be sent to the third party so that they can assess your injury and then make a valuation of the pain, suffering and loss of amenity which the accident has caused. They will then make their own assessment of the valuation of the claim. They can then use this information to make an offer.
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Here at The Injury Lawyers we believe that you should be getting all of the compensation which is owed to you. That’s why we do not take a penny of our client’s money for most cases like public liability and employers’ liability cases. We recover our legal fees from the other side if we win, and if we lose we can write them off.

In addition to this we offer advice to those who aren’t even our customers on a no obligation basis.

The 100% Advice we Offer

We can usually offer advice to anyone who phones us with a question, query or quandary. This means that if you contact us we will endeavor to answer any questions which you have and give you our honest, professional opinion and at no charge to you!
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If you are shopping around for the perfect lawyer to represent you for your claim for personal injury compensation, you may fall within one of the following common categories

1. You have yet to speak to anyone and you are unaware of the recent legal reforms that have left lawyers charging clients for making a claim.
2. You have spoken to a few firms and found they will all deduct 25% from your payout and perhaps even ask you to pay for insurance for your case.
3. You thought you’d found a good lawyer until you got their paperwork and discovered they had neglected to inform you they are taking 25% of your payout and asking for insurance payment!

The above is based on what we have found from the thousands of people who contact us. So whether you have found this article by searching for lawyers in general and had no idea about the changes, or whether you are hunting for the “Holy Grail” that is a genuine 100% compensation offer, you can look no further!
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Even though the law changed on April 1st, meaning other lawyers will now take up to 25% of your personal injury compensation claim, we are still offering you the opportunity to keep all 100% of your compensation.

The new rules mean that lawyers are unable to recover all of their legal fees from the other side. But instead of taking the money that is rightfully yours, we’re taking the hit instead. Why? Because we are a national firm of specialist personal injury lawyers who take on and win such a high volume of cases that we can afford to take the hit.
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Many people never bother putting in a claim for compensation, even when they are entitled to do so. One of the biggest fears is losing the claim. So we address the big question – is it worth the hassle and the cost?

First things first, we operate a genuine no win, no fee basis. We only take your claim on if we think we have a good enough chance of winning the case. If we don’t win, we write off our fees so we don’t get paid. It’s a cost benefit analysis for us – are we prepared to fund the case on the basis that we might not be paid?
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