Who Pays the Legal Costs in an Injury Claim?
When you’re thinking about starting an injury claim, one of the most common concerns is who will cover the legal costs. Whether your claim involves personal injury, a workplace accident or any other type of injury, it’s important to understand how legal costs work to avoid unexpected surprises as your claim progresses.
At Stonehewer Moss Solicitors, we’re often asked about legal costs, and we’re here to explain your options. In this article, we’ll walk you through how costs are handled if you win or lose, and how to protect yourself from unforeseen expenses.
What Happens if You Win Your Claim?
If your claim is successful, the defendant (the other side) may be required to pay some or all of your legal costs. However, it’s important to know that they may not cover everything. Certain costs – known as disbursements – might not be fully reimbursed even if you win.
Disbursements include expenses such as medical reports, expert witness fees, and court costs, which your solicitor will incur while progressing your case. Some of these may be covered by your “No Win, No Fee” agreement, but it’s important to clarify exactly which ones. Always speak to your solicitor about how disbursements are handled, and whether any amounts may be deducted from your compensation.
What Happens if You Lose the Case?
If your claim is unsuccessful, legal costs can understandably become a concern. In most cases, solicitors acting under a “No Win, No Fee” agreement will not charge you for their time or services if you lose. This is one of the key benefits of these types of agreements – you only pay if you win.
However, losing your claim does not always mean you won’t face any costs. In some situations, you may still be responsible for the defendant’s legal costs, particularly if you refuse a reasonable settlement offer or if your claim is unsuccessful. This is why it’s so important to fully understand the financial risks before moving forward.
Understanding “No Win, No Fee” Agreements
“No Win, No Fee” agreements are widely used in personal injury cases and offer significant reassurance to claimants. If you lose your case, you won’t be charged for your solicitor’s time. However, if you win, your solicitor will be entitled to payment, which may be recovered from the defendant or deducted from your compensation.
It’s vital that your solicitor clearly explains what fees may apply if you win, including any success fees and deductions from your damages. Additionally, you should always ask whether any extra charges or disbursements might apply during the claim, as these may impact the final amount you receive.
Key Questions to Ask Before Starting Your Claim
Before starting your injury claim, make sure you ask your solicitor these important questions:
- Which legal costs are covered under the “No Win, No Fee” agreement?
- What disbursements might I be responsible for, and will these be deducted from my damages?
- Could I be required to pay the defendant’s legal costs if I lose?
- If I refuse a settlement offer, could this affect my liability for costs?
- Are there any additional charges for medical reports, expert witnesses, or court fees?
Asking these questions from the outset will help you fully understand your financial position and avoid unexpected costs as your claim progresses.
Need Help Understanding Legal Costs?
If you’re unsure how legal costs work or would like expert advice on starting your claim, we’re here to help. At Stonehewer Moss, we specialise in personal injury claims and will guide you through every stage of the process, ensuring you have clear, honest advice at every step.
