Making a personal injury claim can be a highly stressful time for claimants. Chief among their worries is often the fear that their claim will fail, and this is often what can hold individuals back from seeking to make a claim in the first place.
If you’re thinking of seeking legal help but wondering, ‘what happens if I lose my personal injury claim?’, then read on.
Can I lose a personal injury claim?
Yes. Just like generally any court case, you can win your case, or you can lose it.
Even if you feel like there is a clear-cut incidence of personal injury happening to you due to the actions (or negligence) of somebody else, this cannot simply be taken as true.
Due process still needs to take place, and this can mean the loss of your side if a court finds that the defending party are not as at-fault as you believe.
This is somewhat mitigated by most personal injury claims being represented on a ‘No Win No Fee’ basis. Since solicitors working on this basis won’t earn anything for their time if you lose, their representation is usually a sign that your case has a good chance of winning.
Do I need to pay costs if I lose my personal injury claim?
There are several ways in which a claimant needs not worry about paying costs if they lose their claim.
Commonly, a type of insurance policy known as ‘after the event’ (ATE) insurance is required as part of a claim. This covers the costs of the defendant’s side in the event that the claimant loses their case. If this happens, the claimant won’t have to pay the cost of the policy.
From April 2013, a regulation known as qualified one-way costs shifting came into use. This applies only to personal injury claims, and stipulates that claimants will not be made financially worse off for making a claim, even if they lose it.
There are now several defences for personal injury claims that ensure claimants don’t lose money by pursuing claims. This also means that claims will (hopefully) not simply be left by the wayside for fear of losing money.
This is especially important for individuals who fear the legal resources of people or companies much wealthier than themselves.
How to make a personal injury claim
To start your claim, you need to contact a qualified personal injury solicitor.
Mark Reynolds Solicitors can take the details of your personal injury and start a friendly, open dialogue with you. Our no-obligation consultation will allow us to give you an objective opinion of your case and whether we can help you pursue compensation.
To find out more about our services for personal injury claims, contact us today.