What happens if I lose my personal injury claim?

Recovering from an injury can be a challenging time. Considering the risks of a personal injury claim can significantly add to the stress if you aren’t fully aware of the financial implications of making a claim.

At Win Wales, we aim to make the injury claim process as straightforward as possible. Before taking on your case, we’ll chat with you during your free telephone consultation. We’ll gather all the necessary information about your case to determine whether we think your claim could be successful. 

If we think there is a significant chance that your claim will be unsuccessful, we’ll be transparent and share with you when we think you should withdraw your claim.

In this article, you’ll discover that losing a personal injury claim has no financial impact on you. However, going through the motions of an unlikely case can be time-consuming and difficult. 

No Win, No Fee Solicitors 

Win Wales offers a No Win, No Fee guarantee for every client we take on. This type of guarantee is also known as a CFA or conditional fee agreement. This means that our solicitors only take payment for their legal services once you have been awarded compensation for your claim. 

This motivates our team to complete a successful claim and means we won’t take on any cases with a significant chance of losing. This prevents wasted time and hassle for both our solicitors and clients. 

Our professional and experienced injury lawyers can determine whether your claim will likely succeed during your free consultation. This decision will be based on the available evidence, the type of injury, the nature of the claim and any other relevant information. If we believe there is a significant risk of losing the claim, we won’t waste your time fighting a losing battle.

We may be confident that your claim is achievable in certain circumstances, but the court determines that the opposing party was not liable for your injury. In this scenario, our No Win, No Fee guarantee ensures you are free from the obligation to pay any of the legal costs associated with your claim. 

After the Event Insurance

Whilst our clients aren’t liable for the cost of their solicitor’s legal fees, there is a possibility that the responsible party will claim for their legal fees and court costs. In addition to receiving no compensation, you may find yourself with a hefty legal bill. 

At the start of the proceedings, we always recommend taking out an ATE insurance policy. After the event insurance provides financial security in case of a failed claim, it ensures you are protected against all costs claimed by the opposing party. 

You won’t be charged for using the AET policy if your claim is lost. Instead, we’ll only charge you for successful compensation claims. This policy is started during the start of the proceedings. Whilst it can be initiated later on during the claim process, the insurance cannot be backdated, meaning any costs claimed by the opposing before the policy activation will not be covered by insurance. 

What happens if we win your claim?

After taking your personal injury claim to court and winning the case, you will be awarded with compensation from the responsible party. The amount you will receive is determined by the type of injury you have sustained and the expenses incurred as a result. 

From the compensation amount, you’ll cover the legal costs incurred as a result of our work. This may include evidence retrieval, medical assessments, and time spent in court. A full breakdown of charges is available upon the success of your claim. 

You’ll also be liable to cover the cost of the AET insurance. As we mentioned, you won’t be charged anything if the claim is lost and the insurance is used. However, we do charge a fee if your claim is successful. 

Final Thoughts

Making a personal injury claim can be intimidating. You may be unsure whether you have enough evidence to justify your claims. However, if you believe that an injury was caused by the action or lack of action performed by somebody else, you could be entitled to compensation. 

The crucial thing to consider is that there are no financial repercussions if the responsible party is found not to be liable for your injury. Whilst you will require an AET policy to cover their legal costs, our No Win, No fee guarantee ensures that Win Wales covers the costs of losing a case. 

If you have been involved in an accident that wasn’t your fault within the last three years, consider contacting Win Wales. We’ll discuss the nature of your incident and determine whether it is worth making a claim. You’ll have nothing to lose and only something to gain.