The cost of bringing a claim

Often, clients can find the thought of bringing a claim quite daunting. One of the challenges for a lay person is getting their head around funding and the costs of making a claim. The main question we get asked is “do I have to pay anything?”.

Asbestos cases are done on what is known as a “No Win, No Fee” basis, but the formal term for it is a Conditional Fee Agreement (or a “CFA”).

What a CFA essentially means is that:

• If a claimant’s claim is successful, they receive 100% of any settlement or award.
  • We take no deductions from compensation regardless of the asbestos condition whereas many law firms take a “success fee” from the compensation award in a non-mesothelioma claim. At RWK Goodman, we do not make these deductions.
  • A client’s damages will be reduced where they have received a ‘deductible benefit’, i.e. a government benefit such as a lump sum payment under the Pneumoconiosis (Workers’ Compensation) Act 1979 or in non-mesothelioma cases where a Defendant is dissolved and Employers’ Liability insurance cannot be traced for them.

• If the claim is unsuccessful, the claimant is not responsible for paying their solicitor’s fees/costs or any disbursements.
  • As well as the normal costs protection, we also take out an insurance policy (called After the Event (“ATE”) insurance), which protects the claimant from any ‘adverse costs’, such as costs incurred by the defendant, at no cost to the client.

Funding a case is an important step in obtaining justice, and it is important that a claimant fully understands the ins and outs of funding agreements. We believe it is also important for a claimant to receive the maximum possible compensation. Our asbestos lawyers hold unparalleled experience and can offer “no deductions” Conditional Fee Agreements.