Overwhelming Result Sees A Claimant Recover Over £26,000 More Than Expected

Since updated legal reforms came into force in 2013, Solicitors’ fees recoverable from Defendants have significantly reduced. To balance this out, Claimant law firms have been permitted to take a portion of the winnings to cover their remaining fees.

To be able to do this, the Solicitor has to establish that they have not been able to recover their full fees from the Defendant. Unfortunately, it has become common practice for some law firms to take the full agreed deduction, regardless of the level of fees they manage to recover from the third-party insurers. This can leave a Claimant significantly, and wrongly out of pocket.

Oakwood Solicitors was instructed to act on behalf of Mrs Tracy Leeson who suffered a fractured ankle due to the negligence of her employers, causing her to fall down the stairs at her workplace. Mrs Leeson also suffered a rupture to her ligament and a risk of accelerated arthritis. She was off work throughout her claim due to her injuries and needed support from family and friends as a result.

Mrs Leeson had spoken to a few firms of Solicitors, but they had chosen not to take on her claim. Oakwood Solicitors reviewed her case and felt that with some fight and tenacity, there was a good chance of success. She signed up under a ‘no win, no fee’ agreement, allowing a deduction of up to 25% (plus VAT) of her compensation to recover any shortfall in costs.

Mrs Leeson was awarded £100,000 in compensation, plus some additional money for future losses. Oakwood Solicitors initially advised Mrs Leeson that a total deduction of £26,479.80 would be applied to her compensation. A Bill of Costs was produced to show the legal fees incurred, and confirming that they sought fixed recoverable costs from the third-party insurers.

As a result of their ‘can-do’ attitude and determination, the full legal fees were recovered from the third party insurers in cost negotiations. This meant that Mrs Leeson was entitled to a full refund of her deduction, as there was no shortfall in costs. The full amount of £26,479.80 was returned to her, meaning that she received 100% of her compensation. Mrs Leeson was delighted with this to say the least, commenting:

“I didn’t expect to receive any money back. Although I was told at the start of the case how it all worked, when I got the letter at the end of the case, I was over the moon. Oakwood Solicitors were brilliant. I would recommend them one million per cent!”

Further reading

A more detailed version of this case study that also delves into the history of ‘no win, no fee’ claims can be found here.

Oakwood Solicitors Ltd has a wealth of expertise in handling claims for compensation for those who have suffered accidents that are not their fault. More information about the types of injuries an employer could be liable for can be found here on our website.

WHAT TO DO NEXT

If you have any questions about your claim, get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.