What Happens if I Lose My Personal Injury Claim?
If you’ve been injured due to the negligence of another person, you may be entitled to compensation. However, if you decide to pursue a personal injury claim, there is no guarantee that you will win your case. In fact, there is a chance that you may lose your claim. If this happens, it is important to understand what the consequences may be.
If you don’t win your claim and receive no compensation, the defendant will seek to recover their costs from you. These, and any other costs payable, would be paid by an After the Event (ATE) insurance policy. This type of policy is taken out by the claimant to cover the cost of legal fees and other costs associated with the claim.
If you lose your claim, the defendant may also seek to recover their legal costs from you. This is known as a ‘costs order’ and is granted by the court. The costs order is based on the amount of work that the defendant’s legal team has done on the case. If the defendant’s legal team has done a lot of work, the costs order could be quite high.
In addition to the costs order, you may also be liable for other costs such as court fees and expert witness fees. These costs are usually paid by the claimant’s legal team, but if the claimant loses the case, they may be required to pay these costs themselves.
It is important to remember that even if you lose your personal injury claim, you may still be able to recover some of your costs. This is because the court may decide to award a ‘costs cap’. This is a limit on the amount of costs that the defendant can recover from the claimant.
If you are considering making a personal injury claim, it is important to be aware of the risks involved. If you lose your claim, you may be liable for costs and other expenses. It is therefore important to seek legal advice before making a claim. A qualified personal injury lawyer can help you understand the risks and advise you on the best course of action.
