Now is the time to make your personal injury claim

By Richard Paremain

The Government is reforming the way that civil cases, including personal Injury claims, are funded, and changing the  costs involved in bringing those cases. These reforms will come into effect on 1 April 2013.

A review by a Judge of the Court of Appeal, Lord Justice Jackson, who reported in January 2010, made recommendations about how legal fees could be made more proportionate, and discourage unnecessary or unmeritorious cases.

Currently Solicitors charge a success fee and take out After The Event (ATE) insurance to cover claimants in case they lose and the cost of these is passed onto the losing insurance company. The reforms apply across civil litigation, but will have a particular impact in personal injury cases, where no win no fee agreements are used significantly.

The new scheme to be introduced at the start of April this year means  that the success fee is no longer payable by the losing side but is taken from any compensation received to a maximum of 25% of the compensation

Damages or compensation paid for an injury is to rise by 10% to cover this and provided a claim is conducted properly a claimant will not have to pay an insurance companies legal fees if they lose.

The overall likelihood is that some cases will not be made at all and many of those which are successful will result in a smaller amount of compensation being received by the claimant. It currently seems that the new regime will apply to no win no fee agreements entered into after the 1st April 2013 so the message is clear that its better to avoid delay and act now if you think you may have a claim.

For further information or advice contact Richard Paremain on : 02476 553181 or email :