If you win the case, and recover compensation of more than £25,000, then the majority, if not all, of the legal costs will claimed from the Defendant's insurance company - on top of the compensation. Historically, in this type of case, over 98% of our clients have received their compensation in full and not had to pay any legal costs.
However, from the 1st April 2013 the Government brought in some major changes on legal costs:
- With no win-no fee agreements, the success fee and the after-the-event insurance premium can no longer be recovered from the Defendant. We will explain how this might affect your particular claim.
- For most types of claim of up to £25,000, only Fixed Recoverable Legal Costs can be claimed against the Defendant's insurers. These costs are based on the value of the award and the stage at which the claim is concluded. In this type of case, since April 2013, we have always been able to undertake the legal work within the fixed costs limit. No client has lost out to date.
If the case is "lost" the legal costs will be covered by any LEI policy. Under a no win-no fee agreement, we will not receive any payment for our work, and any adverse order for costs will be covered under after-the-event insurance that we will take out for you.
No. There is an EU Directive that requires every citizen to have the freedom to choose their own solicitor for court work. Most LEI providers accept that this includes all injury claims, even if the case does not actually go to court.
Increasingly, insurance companies are conducting legal work in house or through their own solicitors. ELSBYS SOLICITORS are wholly independent of the insurance industry.