Tuesday, October 27, 2009 at 1:03 AM | 0 comments  
Legal expenses insurance, also known as ‘LEI’ or ‘legal protection insurance’, is a type of insurance policy which covers policyholders against the potential costs of legal action against an institution or an individual. When something happens which triggers the need for legal action, it is known as ‘the event'. There are two main types of legal expenses insurance, Before the Event insurance and After the Event insurance.

Before the Event insurance, also known as ‘BTE insurance’, is an insurance policy which can be taken out by those wishing to protect themselves against the potential litigation costs, which could be incurred following a future event. These costs often include solicitors’ fees, barristers, expert witnesses, court fees and any legal costs awarded to the other side. Before the Event insurance is generally paid on an annual basis to an insurance company. It is often sold as part of a household or car insurance package. It is also sometimes offered as a benefit to members of a trade union or association.

After the Event insurance, also known as ‘ATE insurance’, is insurance which can be taken out after an event, such as an accident which has caused an injury, to insure the policyholder for disbursements, as well as any costs should they lose their case. After the Event insurance is usually used by people who do not have Before the Event insurance. If the claimant loses their case, then the insurance company will pay their opponent's legal costs and expenses. Solicitors who take on, for example, personal injury cases on a 'no win no fee' basis, may require their clients to take out After the Event insurance so that costs will be covered if the case is lost. This insurance is often offered by solicitors and claims management companies.

Research by the Ministry of Justice in October 2007 found that despite 59% of the population having legal expenses insurance, less than one in four consumers had ever heard of Before the Event (BTE) or After the Event (ATE) legal expenses insurance. The research estimated that 28m adults have Before the Event insurance, mostly as an add-on to another insurance policy.
Posted by jay ryan
Friday, October 23, 2009 at 3:08 AM | 0 comments  
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.[1] The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases.

In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[1] Legal Aid for personal injury cases was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful (known as No win, no fee).

No win no fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.
Posted by jay ryan
Tuesday, October 20, 2009 at 3:21 AM | 0 comments  
"No Win No Fee" is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.

If the client wins their Personal Injury case, either the Courts or the losing party’s insurers will make an award of damages. In addition, the insurer will be required to pay the client's legal costs including any uplift of fees as well as expenses. With most Conditional Fee Agreements, the client will have nothing to pay and will receive 100% of any compensation awarded in their claim.

After the Event Insurance (ATE) is the term used to describe the type of insurance policy, which is normally obtained by a lawyer acting on behalf of their client. This is generally taken out after legal proceedings have been contemplated or in the case of a personal injury claim, when a Conditional Fee Agreement (CFA) is entered into. ATE insurance is designed to protect the client from the risk of legal costs from either their own lawyer or those costs incurred by an opposing party in a legal case in the unlikely event that a personal injury case is either discontinued or lost at trial.
Posted by jay ryan