Blog posted: 1st April 2013 by Deborah Stevenson
Personal Injury Claims Ė the end of 100% compensation claims!
Some very significant changes to the law relating to personal injury claims took place on 1st April 2013.
Firstly, the good news for claimants; the level of general damages has been increased by 10%.
Secondly, the quite good news; there is no need for your solicitor to take out an insurance policy (called an "ATE policy") on your behalf to cover you for the defendant's costs if you lose your case. You will no longer be liable for these costs. (There are exceptions in cases of misleading or fraudulent claims).
Thirdly, solicitors can no longer claim "success fees" from the defendants after winning the case on your behalf.
The less good news – to make up for the fact that they can no longer claim a success fee nor claim back the cost of the ATE insurance policies set up to protect you in the event of you losing the claim, your solicitors can now take a proportion of your damages/compensation.
The proportion of damages retained by your solicitor will be capped at 25% - this amount can only be deducted from "general" damages relating to the injury (not "special" damages relating to financial loss). If in doubt speak to your specialist personal injury solicitor such as the team at claims-solicitors.co.uk for advice.
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