When pursuing a personal injury claim, you’ll need to sign a Conditional Fee Agreement (CFA) and various forms of authority. These documents allow your solicitor to legally represent you, access necessary records, and pursue your claim effectively.
Key Takeaways
- A CFA is the formal term for a “no win, no fee” agreement
- Forms of authority give your solicitor permission to access relevant records
- Common forms include GP, Hospital, and Employer/Accident Book authorities
- These documents are crucial for proving liability and injury severity
- Understanding what you’re signing is essential for a smooth claims process
Early on in the process of a personal injury compensation claim, you’ll encounter various legal documents that require your signature. Two of the most important are the Conditional Fee Agreement (CFA) and forms of authority. While these documents may seem complex, understanding their purpose and content is helpful for a successful claim.
What is a Conditional Fee Agreement (CFA)?
A Conditional Fee Agreement, commonly known as a “no win, no fee” agreement, is a legal contract between you and your solicitor.
Key Features of a CFA:
- No upfront costs: You don’t pay legal fees if your claim is unsuccessful
- Success fee: If you win, you pay a percentage (up to 25%) of your compensation to your solicitor
- Legal protection: You’re not responsible for the defendant’s legal costs if you lose
Why CFAs are Important:
- They make legal representation accessible to everyone, regardless of financial situation
- They align your solicitor’s interests with yours, as they only get paid if you win
- They provide clarity on costs and potential outcomes from the start
Forms of Authority: What Are They?
Forms of authority are legal documents that give your solicitor permission to access specific records or information on your behalf. These are crucial for building a strong case.
Common Types of Forms of Authority:
- GP Form of Authority
- Hospital Form of Authority
- Employer/Accident Book Form of Authority
GP Form of Authority
This form allows your solicitor to access your medical records from your general practitioner.
What it Covers:
- Medical history relevant to your claim
- Treatment records for your injury
- Pre-existing conditions that may be relevant
Why it’s Important:
- Provides evidence of your injury and its severity
- Helps establish a link between the accident and your injuries
- Can highlight any pre-existing conditions that may affect your claim
Hospital Form of Authority
Similar to the GP form, this gives your solicitor access to your hospital records.
What it Covers:
- Emergency treatment records
- Surgical procedures related to your injury
- Ongoing hospital care and rehabilitation
Why it’s Important:
- Offers detailed medical evidence from specialists
- Can provide a clear timeline of your treatment and recovery
- May include expert opinions on long-term prognosis
Employer/Accident Book Form of Authority
This form allows your solicitor to access records from your workplace, particularly important in work-related injury claims.
What it Covers:
- Accident book entries
- Workplace incident reports
- Health and safety records
Why it’s Important:
- Helps establish the circumstances of the accident
- Can provide evidence of employer negligence
- May reveal patterns of safety issues in the workplace
Why These Forms are Necessary
Your solicitor needs these forms of authority to:
- Prove liability: Establish who was at fault for your accident
- Demonstrate injury severity: Show the extent and impact of your injuries
- Calculate compensation: Accurately value your claim based on medical evidence and financial losses
Without these authorities, your solicitor would be unable to access crucial evidence, significantly weakening your claim.
Your Rights and Privacy Concerns
It’s natural to have concerns about privacy when signing these forms. Here’s what you need to know:
- Limited scope: The forms only give access to information relevant to your claim
- Confidentiality: Your solicitor is bound by strict confidentiality rules
- Control: You can request to see any records obtained on your behalf
How to Approach Signing These Documents
- Read carefully: Take time to understand each document before signing
- Ask questions: Don’t hesitate to seek clarification from your solicitor
- Consider getting help: Some firms offer agents who can explain the paperwork in person
- Remember the goal: These documents are designed to strengthen your claim
While the paperwork involved in a personal injury claim can seem daunting, these documents empower your solicitor to build a strong case on your behalf, increasing your chances of a successful claim.
We are always available for clients to contact us to discuss this paperwork and, where needed, we will gladly send an agent to you (at no cost) to take you through the documents and signing process in a step-by-step manner, so that you are fully aware of what you are signing. Our solicitors will also verbally explain the documents prior to sending them to you for signature.
Yes, but this may severely limit your solicitor’s ability to pursue your claim effectively.
No, only records relevant to your claim will be accessed and disclosed.
Your solicitor can still obtain relevant medical records from hospitals or other healthcare providers you’ve visited.
Yes, you can withdraw your consent, but this may impact your claim’s progress.
While the specific forms may vary, most personal injury claims require similar authorities to be signed.
0 questions have been answered on this subject - ask us your question