The Importance of Access to Justice in Personal Injury Claims
What happens if I have a personal injury claim, but cannot afford to take the first step?
If you have been injured in an accident, getting legal advice early can make a big difference. It can help you understand whether you may have a claim, what evidence you might need to gather and what next steps to take. But if you are already dealing with pain, time off work, medical appointments or money worries, the idea of paying legal fees upfront can feel like one barrier too many.
The good news is that you may not need to pay those fees at the start. In many personal injury cases, solicitors can offer a no win, no fee agreement. This allows you to get advice and bring a claim without having to find the money for legal fees straight away.
No Win, No Fee agreements
No win, no fee agreements, formally known as Conditional Fee Agreements, allow clients to bring a legal claim without paying legal fees upfront. If a claim is unsuccessful, the client does not pay for the legal work carried out on their behalf.
This can be particularly helpful after an injury, where you may already be under a lot of pressure. You may be taking time off work, keeping track of medical appointments, adjusting to physical or psychological symptoms, or dealing with extra expenses. A no win, no fee agreement can remove the immediate pressure of paying legal fees and allow you to focus on getting the right advice.
It is also worth asking at the outset how fees will work if the claim succeeds. No win, no fee is not the same as pro bono work. Pro bono work is carried out free of charge, even if the case is successful. Under a Conditional Fee Agreement, you do not pay legal fees upfront, but if the claim is successful, the firm may recover a success fee from the compensation awarded. That success fee is usually capped by 25% of the damages recovered which will pay towards unrecovered costs and disbursements.
Beyond the legal claim
Access to justice is not only about starting a claim. For many injured people, legal advice is one part of a much bigger picture. Rehabilitation, specialist advice, practical support and community networks can all help someone rebuild their life after an injury.
The Personal Injury Department at HJA works with several charities, which means that clients can be connected with support that goes beyond the legal claim itself. Depending on the circumstances, that wider network may help individuals and families access specialist advice, practical guidance or support with rehabilitation. Some examples include:
CBIT supports families affected by childhood acquired brain injury. They provide practical support and emotional guidance while raising awareness.
Brake, the Road Safety Charity
Brake campaigns to prevent road deaths and injuries while supporting victims. They run the National Road Victim Service, providing free, confidential caseworker support and a helpline (0808 8000 401) for anyone bereaved or seriously injured in a road traffic accident.
The British Association of Prosthetics and Orthotics
BAPO partner with charities to improve mobility care, set clinical standards and advance professional education.
All of these charities link directly with some of the types of serious injuries that the Personal Injury Department work with on a day-to-day basis.
Funding your recovery: Immediate Needs Assessments
If you are already worried about everyday expenses, paying for private medical treatment or home adjustments can feel like a big challenge. However, taking the first step in a legal claim can actually unlock the financial support you need for your short-term recovery.
This can be achieved through an Immediate Needs Assessment (INA). An INA is a process that identifies the urgent medical treatment, rehabilitation and practical support you may require after an injury. It can mean that you do not have to wait for your entire personal injury claim to settle before getting the support you need.
During an INA, an independent expert will visit you at home or in the hospital to review your physical condition, pain management, housing situation and ability to return to work. They will then build a clear action plan outlining the support you need immediately. While this may handle your short-term recovery, your solicitor will assess your longer-term care costs separately as the claim progresses.
Fast-tracking Treatment with The Rehabilitation Code
To ensure you aren’t left out of pocket for your care, your solicitor will attempt to utilise The Rehabilitation Code. This is a voluntary framework that allows your solicitors and the defendant’s insurers to work together from the very start. The entire goal is to fund and fast-track your rehabilitation as early as possible, at no cost to you where possible.
By using the independent expert from the INA, we provide an objective recovery plan for the defendant’s insurer. For more serious or complex injuries, a dedicated independent case manager is appointed to coordinate and monitor your care.
The insurer funds the treatment directly. Once they agree to fund your care plan, they cannot change their mind or call it unreasonable later. You will never have to pay back these rehabilitation funds, even if a court later finds that you were partly liable for the accident. It is important to note however, that this framework is voluntary. An insurer may decline to fund rehabilitation, particularly where liability is strongly disputed.
Conclusion
If you are worried about the cost of taking legal advice, it is still worth making an enquiry. A firm can explain whether a no win, no fee agreement may be available, what information they need from you and what the early stages of a claim would involve.
Access to justice is not just about having rights on paper. It is about being able to understand those rights, get advice at the right time and pursue a claim without financial or practical barriers standing in the way. By offering no win, no fee agreements and working closely with specialist charities, Hodge Jones & Allen helps more people get the advice, support and opportunity to seek justice that they need.
If you require legal advice or representation, our specialist Personal Injury team is available to assist. Please get in touch with us on 0330 822 3451 to discuss how we can support you.