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February 20th 2013

Personal Injury

Personal Injury Claims are changing from 1st April and it’s no joke for those who have a right to compensation

Personal Injury Claims are changing from 1st April and it’s no joke for those who have a right to compensation

Personal Injury Claims are changing from April 1st and it’s no joke for those who have a right to compensation. The changes will affect how much compensation you receive.

Personal Injury Claims are changing from April 1st and it’s no joke for those who have a right to compensation. The changes will affect how much compensation you receive.

Changes are coming through legislation that will have a major affect on the Personal Injury process and in particular the ‘No Win, No Fee’ basis that many of the general public know and understand. It can be argued that the main reason behind these changes is due to lobbying by insurance companies and allegations of a ‘claim culture’ growing in the UK, similar to that prevalent in America.

Despite this being proven not to be the case, legislation has been put in place that could discourage people injured through no fault of their own from pursuing their right to compensation.
The changes taking place are quite technical and difficult to explain. However, anyone who has already made a claim that is ongoing will not be affected. Anyone who thinks they may wish to make a claim would be recommended to do so before April 1st 2013.

The system up until now has been that solicitors costs, success fees and the client’s disbursements such as costs for medical reports or court fees, could be recovered from the other side were the claim had been successful which resulted in the client receiving 100% of their compensation under a ‘No win, no fee’ agreement.

From April 2013 the success fee paid to the solicitor under what is called a Conditional Fee Agreement, or ‘No win, No Fee’ agreement can no longer be recovered from the other side and the client will be required to pay the success fee out of any damages awarded to them, especially in more complex or unusual cases when liability is disputed.

Prior to the changes, it was also possible for the client to be covered by insurance against an unsuccessful claim (known as After the Event or  ATE insurance).  The premium for this was paid by the other side. From April, the client will be responsible for paying this premium which could be anything from a few hundred to several thousand pounds depending upon the type of claim. Even for successful claims, paying the premium at the end of the case could also take a significant chunk of any damages awarded.

There are also additional complex changes relating to the personal injury process that I won’t cover here other than to say that even a successful claimant may be required to pay towards the defendant costs, reducing the damages awarded, or even wiping them out altogether if they don’t have ATE Insurance.
Overall, the changes that are coming into place in April will not benefit anyone who is in a position to make a personal injury claim and those that are should consider setting things in motion before April 1st.

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"Anthony and his team at Hudgell…"

Anthony and his team at Hudgell solicitors are extremely professional and caring People. From the first phone conversation right through to completion i was always kept updated, if i had any concerns and contacted them, they were always happy to listen and put my mind at rest. I would highly…

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"Excellent service"

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"Excellent service"

Excellent service

JensonJanuary 21, 2020

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"Excellent service"

Excellent service, Alex Garven was most helpful in dealing with my claim. Many thanks for his hard work in getting a result for me,. It took quite a while but during that time I received regular progress updates and a quick response if I had any queries .

Jill ElliottJanuary 15, 2020

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"Lauren Dale"

Lauren Dale was so sensitive when dealing with my mums claim and she totally understood what i really wanted from the outcome. she kept me fully informed of everything, as and when it happened. I cannot thank her enough for her help and understanding on such a sensitive case. 5…

Jane from North YorkshieJanuary 11, 2020

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"Excellent Service"

Excellent, professional and friendly solicitors. It was a very simple process and they kept in constant contact to update me on any developments. Would definitely recommend.

Philippa January 09, 2020

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"Could not have been simpler or easier"

Could not have been simpler or easier, they did everything required and more. Nice, pleasant to talk to, they do all the leg work, put everything into context and resolve as quick as possible. Hopefully will not have to use again but if a situation arises then would not hesitate…

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"Very helpful and always kept in touch…"

Very helpful and always kept in touch via email through the while process. Highly recommended

Joseph Conrad Waudby January 07, 2020

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"Brilliant customer service"

Brilliant customer service, always will contact you as they say they will. Have been very helpful with my case and explained the process thoroughly, very easy to understand. Would definitely recommend.

Julia MatildaJanuary 07, 2020

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"Verry happy with the result they got…"

Verry happy with the result they got for my claim very officiant and professional my particular solicitor was the most friendly official type person that I have dealt with before really happy with the freindly kind manner in which they dealt with myself and my claim I would recommend them…

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CustomerJanuary 03, 2020

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"Wonderful service"

Wonderful service, was kept up to date regularly and once they received an offer to settle my case, they advised that they could get a better offer and did just that, will definitely pick up the phone again if I ever require their services in future.

Jordan HowarthJanuary 03, 2020

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"These solicitors were very helpful and…"

These solicitors were very helpful and I was surprised when they told me that they were pursuing a totally different avenue to the one I thought was available. They were very efficient, constantly in communication with myself and were direct with the opposite party. Needless to say, they won my…

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"Take a leaf out of there book"

I would certainly recommend Was kept up to date via email promptly each time I asked a question Postal and email correspondence was fluent and my claim settled in a timely manner Many thanks to Alex and his hard work

Mandy Michelle WainwrightJanuary 03, 2020

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"Couldn’t of chose a better solicitors…"

Couldn’t of chose a better solicitors to go through my claim with, Sarah informed me every step of the way (even when they was nothing to update me with) was such a quick process and she couldn’t of been more helpful ! 5*

Courtney FriendJanuary 03, 2020

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"karl griffin fantastic man"

karl griffin was fantastic extremely helpful and fought every step of the way for me he was always there whenever i needed him i highly recommend hudgell solicitors to anyone who needs there help they made a horrible situation dissappear

Jeni DaleJanuary 03, 2020

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"Alex is amazing"

Alex is amazing! He took over my claim and everything changed from negative to positive. Case still ongoing but fantastic service so far from Alex. Great communication - answering calls and emails. Spot on in everything. I am very glad he is handling my case now and I am confident…

Seth OppongDecember 27, 2019

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"Highly recommended"

Excellent service and communication from start to finish. The whole process of handling my personal injury claim was dealt with quickly and courteously.

MikeNovember 26, 2019

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"Becci was amazing"

Becci was amazing, she was so friendly and helpful and couldn’t have done a better job at helping me with my claim. Very happy.

Katherine JanineNovember 08, 2019