The success fee for mesothelioma claims, which are classified as 'Type A' claims due to their nature as a disease or physical injury caused by asbestos exposure, varies based on the funding agreement and the case's progression. Generally, the success fee can range from 27.5% to 100%.
Understanding Mesothelioma Claim Success Fees
Success fees are contingent payments to a solicitor, meaning they are only paid if your claim is successful. For mesothelioma cases, these fees reflect the solicitor's risk and expertise in handling complex and often lengthy litigation. The specific percentage charged depends on the type of funding arrangement in place and whether the case ultimately proceeds to a full trial.
Here's a breakdown of the applicable success fees:
| Funding Arrangement/Outcome | Success Fee |
|---|---|
| Conditional Fee Agreement (CFA) | 27.5% |
| Collective Conditional Fee Agreement (CCFA) | 30% |
| If the matter proceeds to Trial | 100% |
Types of Funding Agreements
- Conditional Fee Agreement (CFA): Often known as a "no win, no fee" agreement, this is a common arrangement where your solicitor only charges a fee if your case is successful. The success fee is then a pre-agreed percentage of the compensation recovered.
- Collective Conditional Fee Agreement (CCFA): Similar to a CFA, but typically used when a group of claimants are pursuing similar cases. The terms and success fees may be slightly different to reflect the collective nature.
Impact of Proceeding to Trial
It's important to note that if a mesothelioma claim does not settle before litigation and proceeds to a full trial, the success fee payable increases significantly to 100%. This higher fee reflects the increased complexity, time, and resources required when a case reaches this stage, as it involves extensive court proceedings, witness examinations, and detailed legal arguments.
For more detailed information on the costs and budgeting involved in mesothelioma claims, legal resources can provide further insights.
