Frequently Asked Questions
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Conditional Fee Agreements
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Insurance Policies
Frequently Asked Questions
We are often asked by clients about the progress of their claims. We aim to keep all clients fully informed about their cases. You may find the following questions and answers helpful.
Q: How long will my claim take?
A: The claim cannot be settled until final medical evidence is available. If your injury is serious or takes some time to stabilise, we cannot settle the claim until we have final medical evidence. However, in straightforward cases where the injury settles quickly, we would hope to conclude the claim within 12 to 18 months of starting to act.
Q: Is my compensation taxed?
A: No, lump sum compensation for personal injury is tax free.
Q: My claim has settled, how long will my cheque take?
A: About five to seven weeks – as soon as the cheque arrives at Bakers Personal Injury Solicitors, it will be sent on to you. Unfortunately, often the insurance company take some time to issue the cheque and there is little we can do to put pressure on them.
Q: Can I get an interim payment?
A: In certain circumstances, if there is likely to be a long delay in finalising the case (because for example the member’s medical condition has not stabilised) we can obtain from the insurers an interim payment for the client. This is a payment on account, so it will be deducted from the client’s final damages. We cannot request an interim payment until we have obtained medical evidence. Only in larger cases where there is likely to be a delay in final settlement will this request be successful.
Q: Should I always reject the first offer?
A: This really depends on the circumstances of each case. Your Solicitor will advise you as they have the experience to know when negotiation will produce an improved offer.
Q: One of my colleagues got a far bigger cheque for what seems to be a less serious injury, why?
A: The amount awarded in each case depends specifically upon the medical reports that have been obtained about the member’s condition. Although it is easy to compare compensation awards, it is difficult to do so without seeing all the medical reports and the exact amount of your colleague’s financial losses. The amounts awarded by the Courts for the injured party of the claim do vary from injury to injury. If your case does not settle, and has to go before the Judge, he or she will not be interested in hearing what one of your colleagues was awarded. Each case is valued on the evidence in that case.
Q: All I lost was sick pay, why do I have to go to medical examinations?
A: If you pursue a claim for compensation, there are always two parts to the claim. One part is the financial losses and expenses that you have incurred and the other is for the injury itself. If you were to claim only for your lost sick pay you would lose out on the injury part of the compensation. The medical report is needed to value the injury part of the claim.
Q: My accident at work has been registered with the DWP as an industrial accident. Surely this means that my employers are at fault? How can they still deny liability?
A: It is always helpful to get a workplace accident registered as an industrial accident, and this will also enable you to apply for Industrial Injuries Disablement Pension. However, any accident which happens at work can be registered as an industrial accident. It does not mean that the employers were at fault. To prove that they were at fault, we have to investigate the claim and show that their negligence or breach of a legal duty caused your accident.
Q: Can I bring another claim in the future if my injuries get worse?
A: Compensation payments are made in full and final settlement of your claim. All the effects of your accident are dealt with in one go. This means that you cannot reopen the case at any time in the future. This is why it is so important that we allow time for your injuries to stabilise before we settle the claim. In very rare specified circumstances, the court will award what is known as provisional damages. This means that you get an award of compensation now and the automatic right to return for more compensation in the future if you develop a certain specified medical condition. The most common example of this would be if you have pleural plaques (scars on the lung caused by asbestos exposure), which can be a warning that you may develop a more serious condition in the future. Only in these very rare cases will provisional damages be awarded. Your Solicitor will advise you if it is possible for you to claim provisional damages.
Q: Do I have to repay Statutory Sick Pay?
A: No, however, the DWP benefits such as Incapacity Benefit and Industrial Injuries Disablement Pension do have to be repaid when the claim is successful. Particular rules govern which benefits have to be repaid and out of which part of your compensation. Your Solicitor will ensure that you are advised about the amount of benefits to be repaid and the effect this will have on your compensation. Once the repayment has been made, no further benefits that you receive will have to be repaid.
Q: What about the benefits I continue to receive?
A: If you receive any means of tested DWP Benefits (for example Income Support) and you receive any lump sum, such as a compensation award, you will have to tell the DWP and they will review whether you are eligible for the benefit. There are always ways to protect your ongoing benefits by putting the compensation into a Trust and your Solicitor will advise you that this is appropriate in your case. Benefits that are not means tested (such as Incapacity Benefit or Industrial Injuries Disablement Benefit) are not affected in this way and you will continue to receive them for as long as you are medically entitled.
'No Win No Fee'
Conditional Fee Agreements
A Conditional Fee Agreement with Bakers Personal Injury Solicitors means that should you lose your case, we will not charge you any legal fees.
If your claim is successful we will normally be able to recover our charges and expenses from the Defendant and as such there will be no cost to you.
We are entitled under a conditional fee agreement to charge a success fee which will be calculated as a percentage of our overall charges. The success fee will be assessed following an analysis of the prospects of success of your case, on the information available at the time of entering into the Conditional Fee Agreement. You are entitled to have sight of our analysis and a copy will be made available to you on request. If the claim is successful, we will be able to recover the success fee from the Defendants in addition to our normal charges and expenses.
If it is necessary to use the services of a barrister then we will ensure that we will employ a barrister who will also be willing to deal with your claim under a Conditional Fee Agreement.
Insurance Policies
When acting for you under a Conditional Fee Arrangement, in the event that the case loses, we would not charge for work undertaken.
The CFA covers only our own fees however and therefore does not cover expenses such as the cost of the medical report, medical records or court fees and nor does it cover in the event the claim is unsuccessful any Defendants’ legal costs and expenses.
In order to cover against these costs and expenses, it is possible to take out an insurance policy. The insurance premium will depend upon the nature of your claim, the likely value, whether or not the claim is likely to be defended and the stage the claim has reached at the time insurance is taken out. There are a number of different insurance companies on the market offering a range of insurance policies ancillary to Conditional Fee Agreements.
If your case is successful it is highly likely the Defendant's insurance company will meet all costs and expenses. This will include the costs of the insurance premium itself. If the case is unsuccessful the insurance policy will cover the premium itself and as such will not be payable.
