New rules will mean victims injured in accidents that aren't
their fault will face drastically reduced compensation payouts, a
Telford solicitor has warned.
Alison Carter leads the personal injury team at Martin-Kaye LLP
Solicitors, and said the proposed changes would have a dramatic
effect on the system.
"Once the Legal Aid, Sentencing and Punishment of Offenders Bill
comes into force, anyone injured because someone else has been
negligent will be considerably worse off.
"The proposed legislation will make it more difficult for
victims to get justice and will also reduce the amount of
compensation available because it restricts 'no win no fee'
agreements."
In the last five years, almost 3 million people have used "no
win no fee" agreements to fund their legal claims, and 80% said
they were satisfied with the current system.
"At the moment, the victim keeps 100% of their compensation if
they are successful in a personal injury claim, and they can take
out insurance to protect them from having to pay the other side's
costs if they lose.
"They can also recover the cost of their insurance from the
person who is to blame, and if the case is a success, the victim's
solicitor can recover their fee from the other side too.
"But under the new proposals, neither the insurance premium or
the success fee can be recovered and the victim will have to foot
the bill.
"This means victims will face hefty reductions in the amount of
compensation they receive which will be very bad news for anyone
who is catastrophically injured and needs every penny to fund their
future needs.
"And the new rules will also mean funding will be a stumbling
block for anyone considering putting in a claim, as many victims
will not be able to afford to pay for the insurance and so will not
be able to risk losing.
"Solicitors will also have to reduce their success fees or do
without one at all in order to attract clients, which will mean law
firms will shy away from the riskier and more complicated cases,
leaving the seriously injured with nowhere to turn.
"This new legislation will have a huge impact on victims getting
the compensation they need and deserve, and so anyone who has been
injured in this way should make a claim sooner rather than later,
so they can use the current system which is much fairer."