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Posted By Granny
I remember reading somewhere about statistics associated with claims some time ago but cannot find my reference information and was wondering whether anyone had current data. The general points I remember are
- those claims that go all the way to court take on average 7 years to get to that stage (has this now reduced following the Woolf Reforms?)
- if the claimant uses a claim management company to pursue the claim they are likely to pay about 45% to the claim management company for costs
- before a "no win no fee" claim management company takes on a claim they ask the claimant to take out an insurance policy (to make sure they still get paid if the claim is not successful) that will cost the claimant about £300
Thank you in advance for your help
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Posted By Diane Thomason
I don't have specific answers to your questions but the TUC has some good info
http://www.tuc.org.uk/h_and_s/index.cfm?mins=258
If you go to the "compensation myths" document you will find lots of statistics about claims.
Hope this helps.
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Posted By Granny
Thanks Diane.
This has some useful information and references for me to follow up.
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Posted By DJ
Granny,
I think some of the facts have got a bit mixed up.
Most personal injury claims are taken these days on a Conditional Fee Arrangement (CFA) commonly known as a no-win no-fee. This means that if the claims company does not win (or settle) the claim it gets paid nothing.
In return for working on a CFA the claims company is entitled to charge an 'uplift' on its fees. If it wins (or settles) the company will seek to recover its fees from the other side and usually it will be paid most of its fees. The Claimant can be required to make up the difference between the full fees and the amount recovered from the other side (i.e. 90% of the fees). However, many solicitors now agree to accept only what they can recover from the other side and not to touch the Claimant's compensation.
With regard to the insurance, this is known as After the Event (ATE). The reason for this insurance is that if the Claimant loses, although he may not have to pay his own adviser (because of the CFA), he will be faced with a the Employers legal costs (under the loser pays rule) and so he insures against this risk.
This system means that a claimant knows at the outset that all he will have to pay is the insurance premium (which is also recovered if he wins) and any disbursements (e.g. medical reports).
Because the Claimant has obtained a CFA and ATE insurance, the employer has to be very certain he is going to win before it (or its insurer) decides to defend a claim, because if it loses it will be faced with both sides legal costs (one of which is on an uplift), the ATE premium and any claimant's disbursements.
Regarding the time for claims to settle, I believe that most claims are now settled within 12 months, due to the strict timetable set out by the Courts.
Regards.
David
of up to 100% depending on the risk it is taking. The general rule is that the losing side
The solicitor/claims company can recover from the Claimant any charges for e.g. medical/expert reports and court fees. However, if the Claimant wins his case, these will be paid by the losing party.
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Posted By Granny
Dave,
Thanks very much for explaining the insurance aspect of this.
I was surpirsed by your statement about most claims being dealt with within 12 months as this is not my experience. Were you refering to cases that are settled rather than ones that go to Court?
Granny
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Posted By RA
David,
Are you certain about the timescale you have suggested regarding claims completion. Most claims can take anything between 1 and a half years to one that I am currently dealing with has been ongoing since 2001, although the claimant did have damages awarded, but he is currently appealing.
Thanks,
RA
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Posted By gham
by settled does dave not mean paid out after the judgement has been made.
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Posted By Granny
RA - could you confirm the max time limit on your settling of claims 1 and 1/2 to ?
Gham - I agree I understand settled as following a court decision but it would be useful if Dave could confirm this as the timescale he has quoted does seem short
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Posted By Frank
Hi Granny
I have a claim against my company but luckily I did not need a CFA or “after the event insurance” as I was covered under my bricks and Mortar house contents insurance which covered me for legal expenses.
Every case is different when it comes to settling. It depends really on the injuries and who is admitting liability. It also depends on how good your brief is, how good the insurance company for the defendants are and also the injuries sustained and how long it takes people to turn around the medical reports. In my case I had to wait the best part of a year for a medical report only to be recommended to get another one.
There is a strict timetable as per the woolf reform but to be honest from experience it’s a joke as half the time either side just goes to court to get an extension as I am now way over the 3 yr period.
3 1/2 yrs down the line the defendant’s insurers/solicitors have not made me an offer (even thought they have admitted full liability) but awarded an amount of money into court which constitutes their full and final, in other words take it or leave it.
I have chosen to leave it and go to court under the recommendation of my solicitors and council. The timetable of events now is a case management conference, a pre trial meeting and then the trial. I am now being told I have another 18months to go.
So Granny from experience its more than 1 ½ yrs but again it all depends on the individual circumstances.
Frank
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Posted By RA
Granny,
"Most claims can take anything between 1 and a half years to one that I am currently dealing with has been ongoing since 2001"
The one that I am currently dealing with is from 2001 i.e. 5 years and I know of plenty that go on for longer than that.
There cannot be a complete standard timescale for all periods of settlement as different claims require differing amounts of investigation timescales, insurance handling, court appearances, consultations, etc. and of course do not forget appeal timescales. Although the latter is getting shorter.
RA
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Posted By Granny
My thanks to all of you for the information you have provided and I'm sorry to RA - I obviously scanned your answer the first time and misread it.
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Posted By DJ
Guys,
My apologies, I meant claims in total, not just those that go to court, although many of those will also be settled within 12 months.
If it is a large claim and it is allocated to the 'full hearing' track, or if the decision is appealed then of course it will take much longer.
However, the vast majority of claims are allocated either to the 'fast track' system.
Sorry for the confusion.
Regards.
David
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