Funding a Professional Negligence Claim with LEI
When you embark upon any type of litigation it is prudent to consider your potential liability for your opponent’s legal costs.
Once court proceedings have been served in a professional negligence claim you become potentially liable for your opponent’s legal costs if you lose the case or have to discontinue the claim.
We can usually arrange legal expenses insurance that would provide cover if you are ordered to pay your opponent’s legal costs.
These policies can be expensive. Although premiums can be deferred until the end of the case and self insured (which means they don’t have to be paid if you lose), the cost does need to be factored in when you are budgeting for the litigation.
We will also make thorough enquiries at the outset of every new case to ascertain whether you already have the benefit of a legal expenses insurance policy that might cover you for the claim. These policies are often ‘bolted on’ to other insurances and clients frequently do not know they have the cover until we enquire. Some legal expenses insurance providers prefer their own panel solicitors to deal with the claims and will resist independent solicitors’ involvement. However, consumers have a legal right to choose their own lawyer and if you decide you want us to handle the matter then we will deal direct with the insurer and insist on your legal entitlement to freedom of choice.
