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Injured whilst travelling in a vehicle

If you were injured whilst in a vehicle then, as long as we consider you have reasonable prospects of success, we can proceed with your claim under a Conditional Fee Agreement (no win, no fee).The main points to note on entering a Conditional Fee (or No Win-No Fee) Agreement are as follows:-

 

If you win…

We are unable to recover any legal costs from your opponent if your claim for personal injuries is valued at less then £5,000.

 

In cases of this nature, we will charge you a success fee of 25% including VAT of the amount of general damages (personal injuries) you receive.  As we are unable to recover costs from your opponent you are also liable for our costs however, we will limit these to ensure that the total amount we deduct from your personal injury amount is no more than 40% (including VAT). 

 

If your claim for personal injury is worth more than £5,000 then your opponent will have to pay for most, although probably not all, of our legal costs (excluding the success fee).  The success fee we charge for these types of cases is 25% of your personal injury settlement.

 

We cannot give an exact figure at this stage as there are a number of factors which can influence the costs such as the nature of your claim, the severity of your injuries/the conduct of the other party and/or their Insurers and Solicitors/etc. 

 

We will update you as to the current costs incurred on your case every 3-6 months. 

 

From 31 May 2021 the Government introduced the Whiplash Tariff which provides set amounts of compensation for any whiplash injury, to the neck, back and shoulder.  A copy of the current Whiplash Tariff can be found here.  An injury to another part of the body, which isn’t associated with the neck, shoulders or back is valued by reference to the JCG Guidelines and can be properly assessed once a medical report has been obtained.

 

We have however set out below an estimate of our costs in dealing for a personal injury arising from a road traffic accident which settles without the need for Court proceedings to be issued:

Example

 

If your personal injury claim is worth less than £5,000

Success fee = 25% of damages we agree for the personal injury element of your claim PLUS Payment of our costs which will be capped to total no more than 40% of the value of your personal injury claim (including the 25% success fee).

 

So if your personal injury claim is worth £520.00 then our charges will be £208.00 inclusive of VAT.

 

Disbursements (costs payable to other organisations)

 

GP Medical Report = £216.00

 

If your personal injury claim is worth more than £5,000

Success fee = 25% of damages we agree for the personal injury element of your claim.   

 

Disbursements (costs payable to other organisations)

 

GP Medical Report = £216.00

 

Our Costs

 

*14 hours of work at £189.00 per hour = £2,604.00

VAT @ 20% = £520.80

Total = £3,474.80

 

Total expected £3,690.80

Plus 25% of your personal injury settlement amount

 

*A personal injury claim made as a result of a road traffic accident which does not require the court’s involvement typically needs 12 – 14 hours of the Lawyer’s time.  The number of hours depends on the circumstances of your case and the experience of the person doing the work.

 

Any claim which is made in respect of a road traffic accident may be subject to either Fixed Costs (if your accident occurred before 01 October 2023) or Fixed Recoverable Costs (if your accident occurred on or after 01 October 2023).  This is set out within Part 45 of the Civil Procedure Rules 1998 however, we have set out the tables regarding fixed costs within the PDF document here

 

If you lose…

If the claim does not succeed, you will not have to pay your opponent’s costs other than in the following exceptional circumstances:

 

  • If you reject an offer to settle made by your opponent but subsequently at a hearing, the Court fails to award you more (in this case, your liability for your opponent’s costs will be no more than the amount of damages you receive);

  • If any part of your claim is found to be fundamentally dishonest;

  • You fail to provide us with some information which alters the prospects of achieving a successful outcome in your claim; or

  • If your claim is struck out.

 

If you lose your case due to any of the reasons set out above then the opponent’s costs are payable you. 

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Authorised by CILEx Regulation for Civil Litigation. Authorisation No. 2184203

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Details of our professional indemnity insurance, including contact details of our insurer and the territorial coverage of the policy, can be inspected at our registered office or made available on request.

Charles A Marshall Lawyers Limited is Registered in England and Wales - Registration Number: 11139997 at Office 17A, Blackpool Technology Centre, Faraday Way, Blackpool, Lancashire, FY2 0JW

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