Common use of Statement of Need Clause in Contracts

Statement of Need. The LawAssist after the event insurance policy issued by DAS meets the demands and needs of a person who enters into a conditional fee agreement with us for the investigation and pursuit of a personal injury claim and wishes to protect themselves against potential costs that are not covered under the terms of the conditional fee agreement such as (but not limited to) liability for any opponent's costs and for such person's own disbursements. WHAT DO I PAY IF I WIN MY CASE? Our fees - you are responsible for paying our fees if you win. You will usually be able to claim back most of our fees and the expenses you have paid from your opponent, and we will deal with this for you. We will usually be able to agree with the other side what costs they have to pay. If this is not possible, the court, will decide how much the opponent has to pay. We will not charge you the difference between the costs we incur and the costs that are recovered. ▪ Success fee - this is an agreed percentage of our fee that we charge you and not the other side. To ensure that you retain the majority of your damages we will agree with you that whatever the success fee is set at and whatever our fees are, we will not take more than a maximum percentage of your damages – no more than 25% of your past losses and compensation for your injury. The percentage for your case will be set out in your CFA. ▪ Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you win. You will usually be able to claim back the expenses you have paid from your opponent. . You will not however be liable to pay anything unless and until you have succeeded in your claim. ▪ Opponent’s costs – if you have won your case, you should not have any responsibility for the other side’s costs. The only situation in which this may be different if the other side makes you a Part 36 offer to settle your claim which you do not accept and you later fail to do better than that offer. Should that occur, the other side may seek to recover their costs from you after the offer was made. Your insurance policy with DAS will protect you from this provided that we and they advised you to reject that offer. ▪ Insurance premium – your insurance premium will only become payable if you win your case and is then payable by you out of your damages. We will advise you of the level of your premium when setting up your CFA. WHAT DO I PAY IF I LOSE MY CASE? ▪ Our fees - we will not charge you any fees if we do not win your case. ▪ Success fee - if we do not win the case, no success fee is payable. ▪ Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you do not win your case. However, your DAS insurance policy will protect you and pay these expenses so that you pay nothing. ▪ Opponent’s costs – if you have not won your case, the court rules provide that the other side cannot seek costs from you. ▪ Insurance premium – your insurance premium is self-insured and will only become payable if you win your case. FIND OUT MORE For further information or to discuss your potential claim with an experienced solicitor, please contact:

Appears in 1 contract

Samples: www.penningtonslaw.com

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Statement of Need. The LawAssist after the event insurance policy issued by DAS meets the demands and needs of a person who enters into a conditional fee agreement with us for the investigation and pursuit of a personal injury claim and wishes to protect themselves against potential costs that are not covered under the terms of the conditional fee agreement such as (but not limited to) liability for any opponent's costs and for such person's own disbursements. WHAT DO I PAY IF I WIN MY CASE? Our fees - you are responsible for paying our fees if you win. You will usually be able to claim back most of our fees and the expenses you have paid from your opponent, and we will deal with this for you. We will usually be able to agree with the other side what costs they have to pay. If this is not possible, the court, will decide how much the opponent has to pay. We will not charge you the difference between the costs we incur and the costs that are recovered. Success fee - this is an agreed percentage of our fee that we charge you and not the other side. To ensure that you retain the majority of your damages we will agree with you that whatever the success fee is set at and whatever our fees are, we will not take more than a maximum percentage of your damages – no more than 25% of your past losses and compensation for your injury. The percentage for your case will be set out in your CFA. Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you win. You will usually be able to claim back the expenses you have paid from your opponent. . You will not however be liable to pay anything unless and until you have succeeded in your claim. Opponent’s costs – if you have won your case, you should not have any responsibility for the other side’s costs. The only situation in which this may be different is if the other side makes you a Part 36 offer to settle your claim which you do not accept and you later fail to do better than that offer. Should that occur, the other side may seek to recover their costs from you after the offer was made. Your insurance policy with DAS will protect you from this provided that we and they advised you to reject that offer. Insurance premium – your insurance premium will only become payable if you win your case and is then payable by you out of your damages. We will advise you of the level of your premium when setting up your CFA. WHAT DO I PAY IF I LOSE MY CASE? Our fees - we will not charge you any fees if we do not win your case. Success fee - if we do not win the case, no success fee is payable. Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you do not win your case. However, your DAS insurance policy will protect you and pay these expenses so that you pay nothing. Opponent’s costs – if you have not won your case, the court rules provide that the other side cannot seek costs from you. Insurance premium – your insurance premium is self-insured and will only become payable if you win your case. FIND OUT MORE For further information or to discuss your potential claim with an experienced solicitor, please contact:: T: 0000 000 0000

Appears in 1 contract

Samples: www.penningtonslaw.com

Statement of Need. The LawAssist after the event insurance policy issued by DAS meets the demands and needs of a person who enters into a conditional fee agreement with us for the investigation and pursuit of a personal injury claim and wishes to protect themselves against potential costs that are not covered under the terms of the conditional fee agreement such as (but not limited to) liability for any opponent's costs and for such person's own disbursements. WHAT DO I PAY IF I WIN MY CASE? Our fees - you are responsible for paying our fees if you win. You will usually be able to claim back most of our fees and the expenses you have paid from your opponent, and we will deal with this for you. Please note that the opponent will not have to pay all of the costs. Successful claimants usually get back between 75% and 90% of the total amount of the costs incurred. This is because there are often costs that it is reasonable to charge you, but you cannot claim back from your opponent. For example:  If we obtain an expert report which does not support your case  If the claim is based on several allegations and some of those succeed but others do not  Costs associated with setting up funding and advising you on certain aspects  Any shortfall as detailed above. We will usually be able to agree with the other side what costs they have to pay. If this is not possible, the court, will decide how much the opponent has to pay and how much you have to pay. We You will not charge however be liable to pay anything unless and until you the difference between the costs we incur and the costs that are recoveredhave succeeded in your claim. Success fee - this is an agreed percentage of our fee fees that we charge you and not the other side. To ensure that you retain the majority of your damages we will agree with you that whatever the success fee is set at and whatever our fees are, we will not take more than a maximum percentage of your damages – no more than 25% of your past losses and compensation for your injury. The percentage for your case will be set out in your CFA. Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you win. You will usually be able to claim back most of the expenses you have paid from your opponent. We would expect to recover these in full but there may be some circumstances in which we would not recover all of your expenses, in which case you will be responsible for the shortfall. You will not however be liable to pay anything unless and until you have succeeded in your claim. Opponent’s costs – if you have won your case, you should not have any responsibility for the other side’s costs. The only situation in which this may be different if the other side makes you a Part 36 offer to settle your claim which you do not accept and you later fail to do better than that offer. Should that occur, the other side may seek to recover their costs from you after the offer was made. Your insurance policy with DAS will protect you from this provided that we and they advised you to reject that offer. Insurance premium – your insurance premium will only become payable if you win your case and is then payable by you out of your damages. We will advise you of the level of your premium when setting up your CFA. However, our policy is that we will never deduct more than 25% of your damages for these costs as a maximum, so you are guaranteed to retain a minimum of 75% of your damages. WHAT DO I PAY IF I LOSE MY CASE? Our fees - we will not charge you any fees if we do not win your case. Success fee - if we do not win the case, no success fee is payable. Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you do not win your case. However, your DAS insurance policy will protect you and pay these expenses so that you pay nothing. Opponent’s costs – if you have not won your case, the court rules provide that the other side cannot seek costs from you. Insurance premium – your insurance premium is self-insured and will only become payable if you win your case. FIND OUT MORE For further information or to discuss your potential claim with an experienced solicitor, please contact:: T: 0000 000 0000

Appears in 1 contract

Samples: www.penningtonslaw.com

Statement of Need. The LawAssist after the event insurance policy issued by DAS meets the demands and needs of a person who enters into a conditional fee agreement with us for the investigation and pursuit of a personal injury claim and wishes to protect themselves against potential costs that are not covered under the terms of the conditional fee agreement such as (but not limited to) liability for any opponent's costs and for such person's own disbursements. WHAT DO I PAY IF I WIN MY CASE? Our fees - you are responsible for paying our fees if you win. You will usually be able to claim back most of our fees and the expenses you have paid from your opponent, and we will deal with this for you. We will usually be able to agree with the other side what costs they have to pay. If this is not possible, the court, will decide how much the opponent has to pay. We will not charge you the difference between the costs we incur and the costs that are recovered. Success fee - this is an agreed percentage of our fee that we charge you and not the other side. To ensure that you retain the majority of your damages we will agree with you that whatever the success fee is set at and whatever our fees are, we will not take more than a maximum percentage of your damages – no more than 25% of your past losses and compensation for your injury. The percentage for your case will be set out in your CFA. Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you win. You will usually be able to claim back the expenses you have paid from your opponent. . You will not however be liable to pay anything unless and until you have succeeded in your claim. Opponent’s costs – if you have won your case, you should not have any responsibility for the other side’s costs. The only situation in which this may be different if the other side makes you a Part 36 offer to settle your claim which you do not accept and you later fail to do better than that offer. Should that occur, the other side may seek to recover their costs from you after the offer was made. Your insurance policy with DAS will protect you from this provided that we and they advised you to reject that offer. Insurance premium – your insurance premium will only become payable if you win your case and is then payable by you out of your damages. We will advise you of the level of your premium when setting up your CFA. WHAT DO I PAY IF I LOSE MY CASE? Our fees - we will not charge you any fees if we do not win your case. Success fee - if we do not win the case, no success fee is payable. Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you do not win your case. However, your DAS insurance policy will protect you and pay these expenses so that you pay nothing. Opponent’s costs – if you have not won your case, the court rules provide that the other side cannot seek costs from you. Insurance premium – your insurance premium is self-insured and will only become payable if you win your case. FIND OUT MORE For further information or to discuss your potential claim with an experienced solicitor, please contact:: T: 0000 000 0000

Appears in 1 contract

Samples: www.penningtonslaw.com

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Statement of Need. The LawAssist after the event insurance policy issued by DAS meets the demands and needs of a person who enters into a conditional fee agreement with us for the investigation and pursuit of a personal injury claim and wishes to protect themselves against potential costs that are not covered under the terms of the conditional fee agreement such as (but not limited to) liability for any opponent's costs and for such person's own disbursements. WHAT DO I PAY IF I WIN MY CASE? Our fees - you are responsible for paying our fees if you win. You will usually be able to claim back most of our fees and the expenses you have paid from your opponent, and we will deal with this for you. We will usually be able to agree with the other side what costs they have to pay. If this is not possible, the court, will decide how much the opponent has to pay. We will not charge you the difference between the costs we incur and the costs that are recovered. ▪ Success fee - this is an agreed percentage of our fee that we charge you and not the other side. To ensure that you retain the majority of your damages we will agree with you that whatever the success fee is set at and whatever our fees are, we will not take more than a maximum percentage of your damages – no more than 25% of your past losses and compensation for your injury. The percentage for your case will be set out in your CFA. ▪ Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you win. You will usually be able to claim back the expenses you have paid from your opponent. . You will not however be liable to pay anything unless and until you have succeeded in your claim. ▪ Opponent’s costs – if you have won your case, you should not have any responsibility for the other side’s costs. The only situation in which this may be different is if the other side makes you a Part 36 offer to settle your claim which you do not accept and you later fail to do better than that offer. Should that occur, the other side may seek to recover their costs from you after the offer was made. Your insurance policy with DAS will protect you from this provided that we and they advised you to reject that offer. ▪ Insurance premium – your insurance premium will only become payable if you win your case and is then payable by you out of your damages. We will advise you of the level of your premium when setting up your CFA. WHAT DO I PAY IF I LOSE MY CASE? ▪ Our fees - we will not charge you any fees if we do not win your case. ▪ Success fee - if we do not win the case, no success fee is payable. ▪ Your disbursements (expenses) - we will pay these for you whilst the case is ongoing but you are responsible for repaying us if you do not win your case. However, your DAS insurance policy will protect you and pay these expenses so that you pay nothing. ▪ Opponent’s costs – if you have not won your case, the court rules provide that the other side cannot seek costs from you. ▪ Insurance premium – your insurance premium is self-insured and will only become payable if you win your case. FIND OUT MORE For further information or to discuss your potential claim with an experienced solicitor, please contact:

Appears in 1 contract

Samples: www.penningtonslaw.com

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