Am I Eligible to Make a Claim?
If you suffered an injury due to negligence, you may be eligible to make a claim for compensation. This could include incidents such as a…
Read moreWhat happens if I lose my claim?
Not all personal injury claims succeed. This guide explains what happens if your claim is unsuccessful and steps you can take to protect yourself financially.
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What Happens if I Lose My Personal Injury Claim?
If you’ve been injured because of someone else’s negligence, you could be eligible to claim compensation for your pain and suffering. But what happens if you lose your personal injury claim?
As success is not guaranteed, many people worry about the consequences of a loss, which could make them hesitant to take legal action.
Some of the most common concerns relate to paying for the legal representation for both you and the defendant, as well as the disbursements involved. Luckily, there are ways to reduce your risk and limit financial losses if your case is unsuccessful, which we’ll discuss below.
To discuss your case and receive free legal advice, call us on 0800 470 0474 or use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
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How do personal injury cases work?
Personal injury claims are civil legal cases made by people who have been injured due to someone else’s negligence. The goal is to recover compensation for your pain, suffering and any related financial losses.
The claims process starts with a free case assessment. If you can proceed, your solicitor will offer you a no win no fee service and will help you gather supporting evidence. This could include medical reports, witness statements, accident reports and CCTV footage.
A formal letter of claim will be submitted to the defendant, informing them of the amount of compensation you are seeking. If they admit liability, your solicitor will negotiate a settlement.
If they deny responsibility for your injury or you cannot settle, your solicitor will issue court proceedings and will be ready to argue your claim before a judge.
What are the costs involved in making a personal injury claim?
The personal injury solicitors we partner with work under a conditional fee agreement (CFA), more commonly called No Win No Fee, which means that you will not have to pay them any upfront legal fees.
If you win the claim, a success fee, capped at 25% of your compensation, will be deducted to cover your solicitor’s work. If your case is unsuccessful, you won’t be required to pay them anything.
There may also be other costs, such as medical reports, court fees, and travel expenses. To protect you from these if your claim fails, your solicitor may recommend After the Event (ATE) insurance.
If you win, the defendant usually covers most of these costs. Any remaining expenses will be deducted from your compensation. If you lose, they’ll typically be covered by the ATE insurance policy.
Are personal injury claims usually successful?
Yes, many claims are successful, especially if handled by an experienced personal injury lawyer and supported by substantial evidence. Furthermore, it is estimated that under 5% of cases go to trial, with the majority being settled out of court between the involved parties.
This is because your solicitor will carefully assess your case from the beginning. They will only offer you legal representation if they believe you have a reasonable chance of success.
You can read more about it here: How many personal injury claims go to court?
What happens if I lose a personal injury compensation claim?
Many claimants worry about what will happen if their claim is not successful. This is a common concern, but if you claim on a no win no fee basis and take out After the Event insurance, the financial consequences to you are usually very limited.
The most direct consequence is that you will not receive any compensation for your injury and related financial losses. This could be very distressing, especially if the harm and loss you suffered were substantial.
Below, you can read more about the potential legal costs and disbursements you may incur:
Will I have to pay my solicitor if I lose my personal injury claim?
The main benefit of a no win no fee agreement is that you don’t owe your solicitor anything if you don’t receive compensation.
If they believe your claim has a fair chance of success, they will take on the risk of litigation. If they don’t win, they won’t get paid for their work.
This way, you can be sure that your case has merit, and your solicitor will work hard to secure the maximum compensation on your behalf.
However, it is essential to remember that if you were fundamentally dishonest with your lawyer, failed to cooperate or withdrew your claim without good reason, you may still have to pay their legal fees if you lose.
Will I have to pay any other costs if I lose my claim?
Besides the solicitor’s fees, there are other costs incurred when pursuing a personal injury claim, known as disbursements. These are out-of-pocket expenses necessary for gathering evidence and supporting your claim, and could include:
- Copies of your medical records
- Private medical reports
- Expert witness fees
- Copying and printing documents
- Court fees
- Barrister’s fees if the case goes to court
- Travel expenses
- Administration costs
- Police report fees
Typically, these costs are covered by the ATE policy if you lose your claim. However, if you did not take out ATE insurance, you could be personally liable to pay them.
The cost of the ATE premium is considered a disbursement, and you do not have to pay it if your claim is unsuccessful.
Will I have to pay the defendant’s costs if my claim is unsuccessful?
The general principle, according to the Qualified One Way Costs Shifting, is that you will not be liable to pay the defendant’s legal costs even if you lose the claim if:
- Your claim was genuine and honestly pursued
- You complied with court procedures and your solicitor’s advice
- No misconduct occurred
However, the court may order you to pay your opponent’s costs if:
- You had no reasonable grounds to start legal proceedings
- You are found to be fundamentally dishonest
- You behaved in an unreasonable manner in connection with the claim
- You failed to beat a Part 36 offer in court
- Your conduct caused an obstruction of justice
Usually, having ATE means that you won’t be liable to pay the defendant’s legal costs. If you did not take the ATE cover or breached its terms and conditions, you will have to pay these costs yourself.
Circumstances where you may be liable for costs after losing a claim
While ATE insurance is designed to protect you from any financial losses if you make an unsuccessful claim, there are a few situations where you may still be personally liable. These circumstances are uncommon and include:
- You fail to provide the necessary documentation or instructions to your solicitor
- You provide false information or exaggerate your injuries
- You fail to comply with the terms and conditions of the ATE policy
It is essential to fully understand the terms of your ATE policy and maintain open communication with your solicitor to avoid unexpected costs.
How could I lose a personal injury claim?
All cases are different, and there is no definite way to determine from the beginning whether your claim will be successful. Examples of issues that could result in a loss include:
- The limitation period to make a claim expired (See: How long do I have to start a claim?)
- You don’t have sufficient evidence to prove that the defendant is liable for your injuries
- The harm you suffered would have occurred anyway (for example, in medical negligence claims)
- You failed to disclose a pre-existing condition you had before the accident
- Your evidence is not credible; for example, providing an exaggerated witness statement
- You were mostly at fault for the accident
- You failed to seek medical care immediately after the accident or to follow medical advice
- You rejected a reasonable Part 36 offer from the defendant
- Having poor legal representation or choosing not to hire a professional solicitor at all
Can I appeal a court decision if I lose my personal injury claim?
If your case goes to trial and you lose, you may be able to appeal the court’s decision. However, you cannot make an appeal simply because you disagree with the ruling. The appeal must be based on valid legal grounds, such as:
- An error of law: The judge misunderstood or misapplied the law.
- A procedural error: There were significant mistakes in the way your case was handled.
- Misinterpretation of evidence: The judge ignored or misunderstood essential evidence.
- New evidence: Fresh, important information that could impact the outcome has come to light.
Appeals must be made within a strict time limit, typically 21 to 28 days after the judgment is issued. Your solicitor will advise you on your chances of success and whether this is the best course of action.
You may also be eligible to make a professional negligence claim if you believe that your solicitor mishandled your case and caused you to lose.
What happens if I win my claim?
If you win your claim, the following things will happen:
- You will receive compensation for the harm suffered due to the defendant’s negligence (typically within four weeks).
- Your solicitor will receive their success fee deducted from your compensation award (capped at 25%).
To find out if you are entitled to make a compensation claim and what happens if you lose your case, call 0800 470 0474 to speak with a friendly legal adviser or use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
