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A brain injured man with his Father illustrating the changing family dynamics following brain injury

When a person suffers a traumatic brain injury, their life can be dramatically altered in an instant.

The physical, emotional, and financial burdens placed on injured parties and their families can be overwhelming. Persons suffering from a brain injury often require extensive medical treatment, long-term care, and specialised rehabilitation programs.

Amidst these challenges, seeking justice and fair compensation by making a brain injury claim becomes a crucial step towards rebuilding their lives. However, the threat of mounting legal costs, and the risk of having to pay the other side’s costs in the event of an unsuccessful claim is enough to deter many from pursuing a legal dispute.

Fortunately, legal expenses insurance cover, in the form of after the event (ATE) insurance can act as a vital resource, providing financial protection and levelling the playing field for brain injury claimants.

No win, no fee brain injury claims

“No win, no fee” agreements have become a lifeline for individuals seeking justice and compensation for their life-altering injuries. These agreements, also known as Conditional Fee Agreements (CFAs), provide a compassionate and accessible approach to pursuing legal claims without the burden of upfront costs.

No win, no fee agreements allow brain injury claimants to pursue their cases without having to worry about the financial implications. Under this type of arrangement, solicitors and law firms agree to take on the case and cover the legal costs on behalf of the claimant. This means that the claimant does not have to pay any upfront fees or ongoing legal expenses, alleviating the immediate financial burden.

ATE insurance plays a crucial role in supporting and enabling the use of “no win, no fee” agreements in legal claims, including brain injury cases. It acts as a protective shield, providing financial security and peace of mind to claimants pursuing their claims under such agreements.

It’s important to note that, if a claimant is successful, the solicitor’s fees, including a success fee and the costs of the ATE insurance, may be recoverable from the compensation awarded to the claimant.

What is ATE insurance?

After the event (ATE) insurance is a type of legal expenses insurance that provides cover for the costs associated with pursuing a legal claim. It is specifically designed to protect claimants against the potential financial risks involved in litigation, offering them peace of mind and access to justice.

An ATE insurance policy is typically taken out after an accident or incident has occurred, hence the name “after the event.” This type of cover is commonly used in personal injury cases, including brain injury claims, where individuals seek compensation for injuries caused by the negligence of others.

One of the primary purposes of ATE insurance is to cover the expenses and costs incurred throughout the litigation process. This may include legal fees, court costs, expert witness fees, and other disbursements. ATE insurance provides financial protection and ensures that claimants can pursue their cases without fear of bearing the financial burden if they are unsuccessful.

In the context of brain injury claims, ATE insurance plays a crucial role in providing the necessary financial support for claimants to access specialised post-discharge medical care, rehabilitation services, and ongoing support. It ensures that the focus remains on the claimant’s recovery and rehabilitation rather than the financial implications of pursuing a legal claim.

How much does ATE insurance cost?

The costs payable for ATE insurance depends on your policy provider. Some policy providers require an upfront fee for ATE insurance, however, the majority operate on a deferred and contingent basis, which means that the premium will only be payable upon the successful conclusion of your case.

Moreover, many ATE insurance providers operate on a “no win, no fee” basis, which means that if the claimant loses the case, they will not be responsible for paying the ATE insurance premiums or any other legal costs covered by the policy.

In the event of a successful claim, the insurance premium is typically recovered from the compensation awarded to the claimant, ensuring that the costs of litigation are covered.

How can Brain Injury Group help?

Brain Injury Group have a panel of specialist brain injury lawyers who can assist claimants in recovering compensation for their injuries on a no win, no fee basis.

If you have been injured in an accident and would like a free, no-obligation chat with a specialist brain injury solicitor about the circumstances surrounding your accident, please email enquiries@braininjurygroup.co.uk, telephone 0330 311 2541 or visit our website to access live chat.

We are also able to offer free welfare benefit check-ups to all affected by brain injury, to ensure you are receiving the right benefits for your individual circumstances.

Contact us – to get in touch you can either:

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