You may be aware that since April 1st 2013, the Law surrounding Personal Injury has changed. Not only has it changed the way that firms can get clients, it also has implications for you as the client.
The Jackson Reforms mean firms can no longer pay referral fees for client details and so the way clients come to the firm has changed. Thankfully, we at Howells have never heavily relied on referral fees or claims management companies to get clients through the door. We pride ourselves on being a friendly, efficient firm and find that clients choose Howells following recommendations from previous clients as well as word of mouth. Clients also benefit from us being a local practise and the knowledge that we are always available to help at any stage during the case. In order to help clients through what can be a difficult time financially, we are offering a £500.00 advance on your damages once liability has been admitted. This means that when liability has been admitted by the other side, we will send you a cheque for £500.00 which will then be deducted from your final settlement figure on conclusion of your claim.
When making a personal injury claim, it is essential that the client has insurance in place to protect them against any potential cost implications for example if we were to be unsuccessful in your case, we need to ensure you the client are not exposed to any costs from the other side. Sometimes, this insurance is already in place through an existing car/home insurance policy, credit card or Union membership. This is known as “Before the Event” insurance and is often referred to as “Legal Expenses Cover” depending on the policy wording. If you do not have this cover in place, it would be necessary for us to take out a policy on your behalf with our provider. This is know as “After the Event” insurance and a premium is payable for the policy, again this amount depends on your accident circumstances and we can discuss this further should you choose Howells.
Prior to 1st April 2013, the success fee and insurance premium discussed above were recoverable from the other side however since the change in the Law both are now payable by the client. Again, this would be deducted from the final settlement figure you would receive and nothing is payable up front. We understand this can sound daunting so please do not hesitate to contact us at Howells to discuss this further.
Due to this change in the law, we have already seen a change in the way insurance companies are dealing with victims of personal injury. We have seen an increase in what are known as “Pre medical offers”. These are offers to settle your claim without attending a medical examination. These offers have always been made by third party insurers however we have seen an increase recently, especially before the victim has even had a chance to instruct a Solicitor or seek legal advice in order for the third party insurer to avoid paying legal costs and other disbursements such as for the client to be medically examined. Of course, in some circumstances, these offers are appropriate to accept however in most instances, the victim is settling for an amount which is much less than they are entitled to for their injuries.
Here at Howells, we always recommend seeking legal advice and proceeding through a legal expert rather than accepting this quick payment from the other side. It is impossible to know if the amount you accept is an appropriate award and so why risk suffering for months after accepting this award and not having anywhere to turn? Once accepted, these pre medical offers mean that you have settled your personal injury on a full and final basis and nothing can be done for you if you are still suffering after acceptance of the offer. This is why we always recommend seeing one of our medical experts for an accurate view of your injuries as well as addressing any future treatment needs for example physiotherapy/referral to another expert for further investigation.
Please do not hesitate to contact Howells today to discuss your personal injury. We look forward to speaking with you soon and dealing with your case with confidence at each step of the way.
