Costs and risks

Q. Why are Clear Answers different?
Q. What are the hidden catches other companies don't always tell you about?
Q. Will I have to make a payment to use the service?
Q. Do I have to pay any fees at all?
Q. How is the cost of my claim funded?
Q. What do I stand to lose if my claim is unsuccessful?
Q. Do I have to get a loan?
Q. Will I have to pay the other solicitors' costs if I lose?

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Q. Why are Clear Answers different?
A There are plenty of companies who offer to take on claims on a “No Win No Fee” basis, in that they won’t charge you their own fees. What they don’t always tell you in their adverts is that if you win you might have to pay your opponent’s fees yourself. Clear Answers’ lawyers, Thompsons Solicitors, offer “No Win No Fee - WIN OR LOSE”. There are no hidden catches.

Q. What are the hidden catches other companies don't always tell you about?
A Yes, they may say they won’t charge you if you lose but:

• You could have to pay the opponent’s costs if they don’t offer to insure your case. Not with Clear Answers, we make sure your case is properly insured so you won’t end up paying out.
• If they do insure your case, you might have to pay a shortfall for part of the insurance premium that can’t be recovered from the opponents if you win. Clear Answers use insurance that covers this and you won’t have to pay any shortfall as it’s covered by the insurance.
• Insurance does not always cover all of the solicitors’ expenses, for example, barristers’ fees, and you could end up having to pay these yourself. With Clear Answers all of these expenses will be covered by carefully selected insurance and you won’t have to pay these yourself.
• Sometimes during a case, the court can award your opponent costs of interim hearings, even though you win your case overall. Other companies’ insurance won’t always cover you against this and you could be held personally responsible for your own solicitors’ extra expenses, such as court fees, as well as the opponents’ costs for those interim hearings. Clear Answers makes sure you are covered against this.
• Some solicitors ask you take out a loan or enter a credit agreement to pay for insuring your case. You could end up paying interest on the loan at the end of the case because they can’t get it back from the other side. Clear Answers will never ask you to take out a loan or enter into credit agreements to pay for insurance. Insurance is paid for on your behalf. At the end of the case we will look to your opponent to pay the insurance premium.
• You could have to pay extra fees because the solicitors have had to put off payment of their costs until the end of the case. Clear Answers’ lawyers never include any charge for postponing payment of their bills until the end of the case.

Clear Answers’ lawyers, Thompsons Solicitors, have thought of all of this. You can be assured you won’t be caught out, as we go out of the way to make sure you are properly protected against having to pay anything at all.

Q. Will I have to make a payment to use the service?
A No. Clear Answers bears all the costs until the case is settled. When we win, we claim everything back from the other side. If we lose, the costs are recovered from an insurance policy, the cost of which is deferred until the case is settled.

Q. Do I have to pay any fees at all?
A No. Win or lose, there is nothing to pay in order for us to pursue a valid claim. There are some exceptions to this in Medical Negligence cases.

Exceptionally, in the case of a medical negligence claim, it is sometimes necessary to carry out investigations before proceeding with the case, in order to establish whether there is a valid claim. For example, we may need to review your medical records. Often the provider will seek payment for this information, and you may be asked to pay this.

As soon as the evidence confirms that there is a valid claim for compensation, we will be able to proceed with the case, and, in most circumstances, will be able to recover those pre-case payments. However, should your claim not proceed, we would be unlikely to recover those payments.

No payments would be made without your agreement, and we would explain the reason for needing the information to be obtained. We would also explain the possible risks involved in being able to recover those payments.

Q. How is the cost of my claim funded?
A Clear Answers' lawyers have access to after the event insurance to fully protect you against having to pay any of the opponents' costs, or ours, if you lose. We will defer all our costs, including the insurance premium, until the claim is settled.

If the claim is successful, Clear Answers' lawyers will claim all the costs from the other side on your behalf.

In the unlikely event that you lose your case, Clear Answers' lawyers won't charge any fees, and any costs such as medical fees, obtaining police reports, and even the insurance premium, can be claimed against the insurance policy.

If you win, you will receive 100% of the compensation awarded to you.

Alternative funding arrangements may apply in Northern Ireland due to differing procedures and Law Society regulations.

Q. What do I stand to lose if my claim is unsuccessful?
A Nothing.

Q. Do I have to get a loan?
A No. Although most claims companies and some law firms insist that you sign a loan agreement to pay for litigation insurance (often at an inflated price), Clear Answers does not.

Q. Will I have to pay the other solicitors' costs if I lose?
A No. Even though costs will be awarded against you if you lose your case, you will not have to pay them. The insurance policy will pay all the costs incurred during the handling of the case, the cost of any medical fees or reports, and the cost of the insurance premium itself.