More Info on ClaimsFunding UK & Ireland | Litigation Funding & Settlement Loans:
Litigation funding has been around for a while now, but it doesn't seem to have caught on as much as "no win, no fee" and "100% compensation" when people are looking for a solicitor to handle their case. Obviously having a solicitor that won't charge you fees whether your case wins or loses is ideal. But running cases is expensive, and law firms won't put their hand in their pocket for every expense you might have.
If you need help with extra legal, medical, and living expense bills as a result of your injuries - then you can actually take out a loan to cover them. This loan is then paid back out of your compensation settlement. You can usually claim back the loan's interest rates as part of your expenses as well, and justifiably so.
Claims Funding UK offer funding from £500 to £250,000+ with no repayments due unless the claim is successful and you've been paid your compensation. Their website states that applications are approved within days, and has full page flow-chart breakdown of the application process. To summarise:
You can either phone up or fill in the application online. An advisor will review your case and tell you within minutes if it meets the criteria for funding. They'll then need to request various documents from your solicitor to verify you and your situation. This usually takes around 48 hours, at the end of which they will tell you if funding has been approved. Both you and your solicitor will then have to sign agreeing to the terms. Then after the legally mandated 'cooling off' period, the funds will be transferred.
With many treatments and procedures under the NHS having huge waiting lists, or sometimes not being covered at all in certain areas - having the option of private healthcare would be great, if you can afford it. If your injuries have put you out of work as well, affording the treatment is even less likely resulting in a Catch 22. You need to work to pay for treatment, but you can't work until you've had treatment. Claims funding can be used for surgery, consultants fees, treatments, therapy, helpful medical equipment, rehabilitation and more.
These loans don't have to just be used to cover costs that you would normally claim back though. As we've said, many people end up out of work because of injuries. Being able to use your compensation money early to cover your mortgage, credit cards, and even daily living expenses until you're back up on your feet can only help with a faster recovery and less stress during the case. A windfall in six month's time might not be nearly as useful to you as having the money up front.
This sentence on the Claims Funding website is an incredibly strong argument for seeking litigation funding. If you are struggling financially, you are more likely to accept the typically lower offer third parties make to end the case early.
We read through the FAQs, and a few points stood out to us. First, that you cannot apply for case funding if you plan on representing yourself - you have to use a solicitor. Second, there is no legal requirement for your solicitor to tell the third party that you have taken out a settlement loan - but he will have to inform them should you want to claim back the fees/interest charges on the loan. Third, as it's a loan, there will be a credit check to verify various details - but there is no mention of them requiring an specific score to be approved.
This next one I want to put in their own words:
"A: The loan is repaid once the claim is concluded. In special circumstances however the repayment of the loan and interest charges can be demanded immediately if you act in any way which might undermine the good faith of this relationship. An example of this would be disengaging with your solicitor and/or failing to assist your solicitor with the progression of your case."
This does not mean you can never switch solicitors. You just have to have a good reason and do it properly. There are further explanations and details of this on the site.
There are three main web addresses the firm uses. The UK site is at www.claimsfundinguk.co.uk, with the Irish version at www.claimsfunding.ie, and www.claimsfunding.co hosting the American version. Obviously, with generic term web addresses, a lot of the variants will have been bought up. For example, www.claimsfunding.co.uk and www.claimsfunding.com, neither of which currently have anything showing on them. Just to be sure you end up back at the right place though, make sure to bookmark the site after following any of the links on our page.
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General Notes: Legal Aid availability changes constantly, so ask up front. If you are looking for a career with Claims Funding UK it's best to visit the website (www.claimsfundinguk.co.uk) and locate the correct phone/email contact details. Any quoted here will be for potential clients. Searching for Claims Funding UK may bring up extra background on the firm if you are interested. Each firm's Law Society and/or SRA number should be on their site too.