Insurance, Claims & Accidents

Archive for the ‘No Win No Fee’ Category

Personal injury claims are something no one likes to think about, but can happen unexpectedly to you or someone you love.  Everyday tasks such as working around the house or taking a walk can result in injury, as can participating in sports, undergoing medical treatment, or can happen at work. Not all of these will require or result in compensation, of course, but should you decide to pursue a claim, a no win no fee scheme may be the best method for your particular situation.
 
With no win no fee claims, your portion of the solicitor’s fee is not paid unless you recover damages.  This doesn’t mean that you pay nothing at all; many smaller fees may be required up front, such as the costs of copying documents or recording them, or hiring an expert witness to testify if your case goes to court. But in many cases the timing of these payments can be negotiated, allowing you to move forward with your case. 
 
No win no fee lawyers typically charge higher fees than a lawyer under a standard compensation scheme, but only if you win.  The reason for this is that they take a risk on handling your case for free if you lose.  Many no win no fee solicitors will evaluate your case for free in order to decide if they will handle it for you.  Before taking your case, however, the solicitor is likely to request that you purchase an insurance policy that will repay the solicitor’s costs should you not prevail.  Be sure to take this cost into consideration when evaluating whether or not a personal injury claim, especially under the no win no fee scheme, is right for you.

Every year, around 2.5 million people in the UK are injured as a result of an accident which wasn’t their fault, but less than a third of accident victims make a claim for damages. If you have suffered any kind of personal injury, it is crucial that you seek expert independent advice from someone who can assess your compensation claim and help you receive the full amount you are entitled to.

Claims assessors usually offer their services on a ‘contingency fee’ basis, meaning that they take a proportion of your won compensation in lieu of their fee (if you win nothing, they get nothing), whereas if you go direct to a specialist solicitor, they are more likely to offer a ‘no win, no fee’ service with a guarantee that you will receive 100% of the compensation. (They recover their fees on top of the claim from the insurance company of the negligent party, so the claim is risk-free.)

Another advantage is that all solicitors have insurance against negligence. Depending on the type of injury, the appointed solicitor should be a certified member of the Law Society’s personal injury or clinical negligence accreditation scheme. Most solicitors specialising in this arena will be members of the Association of Personal Injury Lawyers (APIL). Most law professionals belonging to APIL are part of an accreditation scheme which guarantees its members have expertise in a particular aspect of personal injury.

The term ‘no win no fee’ can be a little misleading because the implication is that if you do not win the case, you will not need to pay anything. In most cases, however, losing the case means having to cover the legal costs of the other party. One way of getting around this is by taking out after-the-event (ATE) insurance. Anyone seeking compensation for a personal injury claim should seek legal aid or go to their local Citizens Advice Bureau in the first instance.

Personal injuries come in all shapes and sizes. Some injuries are obvious, such as those sustained in a car accident, while with others, this is not the case. What many people don’t realise is that personal injuries can be both physical and psychological, can be a condition or illness and some can have long-term effects. Either way, if someone has been injured, or has died due to an accident, negligence or even abuse, they or their heirs can file a personal injury claim, no matter how major or minor the injuries are.

Personal injury claims can be filed by anyone who feels that their injuries are at least partly due to someone else. The main reason for making personal injury claims is to have any expenses caused by the injury covered. The compensation can even take into account any future medical expenses for long-term conditions and illnesses.

There are specialist no win no fee solicitors available to provide advice on whether the claim is legitimate and also about the amount of compensation that the victim may possibly receive. Often, these claims can take a long time to be processed, so it is not uncommon for personal injury solicitors to offer a conditional fee agreement, or no win no fee agreement, for the associated legal fees. This is relatively new in the UK and under this agreement the person filing the claim only pays the solicitor if they win the case. Solicitors do not have to agree to this type of payment, but it is worth inquiring about, particularly if your case is highly likely to be won.

If an individual has suffered an injury as a result of a violent crime then he or she may be able to apply for compensation to the Government’s Criminal Injuries Compensation Authority. This body was established by the Government in 1964 and is a non-departmental body which administers compensation to victims of violent crime throughout the UK, on the basis of common law damages.

The Criminal Injuries Compensation Authority (CICA) was established in 1996 to administer a new tariff-based scheme. All claims received after April 1996 received awards in accordance with this new scheme. The scheme is not intended to fully compensate the victim, but rather it is an expression of public sympathy to the victim. The level of award differs from general damages in civil proceedings in that awards are calculated using a strict tariff and there are 25 tariff levels ranging from £1,000 to £250,000. There are 200 injury groupings for which the scheme pays out compensation and claimants can find the details on the website www.cica.gov.uk.

To qualify for an award the injury suffered has to be the direct result of a violent crime, trespass on a railway or the attempted apprehension of a criminal which must have taken place in Great Britain (including the Channel Tunnel). To make a claim the culprit does not have to have been apprehended or convicted although if this is the case it makes the process easier. Claims must also be made within two years of the incident.

If an individual wishes to seek compensation from the perpetrator of the crime then the police must be informed. The individual cannot apply for compensation directly and on no account must he or she contact the culprit. The police will pass the information to the CPS who will inform the court. The offender will pay compensation through the court not directly to the victim.

Accidents happen and, when they do, it’s important to be prepared if you are going to file a personal injury claim. Being injured can change how you live your life. Even if your injuries heal, that doesn’t mean that your life will go back to the way it was. After an accident, many people lose confidence or no longer feel comfortable in the situation where the accident happened. These changes can have wide ranging impacts on all areas of your life. This is why it’s important to gather as much information to ensure your claim is successful.

Consider the following when preparing a personal injury claim:

•    Get legal advice. There is a lot of grey area when it comes to the law, and this is particularly true for accident claims. Seeking the advice of a solicitor or lawyer can mean that you have a much better chance at success. Not only will they review your case to determine if it has a chance of success, but they can suggest areas that you may not have considered in your claim.

•    Get a medical opinion. A doctor’s prognosis is always required for any personal injury claim. It is important to have thorough physical and psychological tests to determine the extent of your injuries, and also their possible effects in the future.

•    Compensation amount. Determining the amount of compensation you should receive can be very tricky. Items like medical expenses, repairs or replacement of damaged goods and the like are easy to document. What is much more difficult is the value of the pain and suffering due to the accident, both presently and in the future. Both of these areas are important for determining your compensation claim.

If you have experienced injuries resulting from a car accident, medical negligence or an accident in the workplace, the chances are you will want to seek compensation from the negligent party to absorb loss of earnings and to provide you and your family with financial security.

By far the best and most cost-effective way of achieving personal injury compensation is to enter into a no win no fee agreement with a solicitor.

The ‘no win, no fee’ agreement has replaced Legal Aid as the fairest means by which to pursue a claim for personal injury resulting from negligence.

It allows each and every UK citizen to pursue a claim in the secure knowledge that, were they to lose their claim, not a penny would go to the solicitor representing their case.

This means that if you are the unfortunate victim of a car accident and are suffering the effects of whiplash or psychological distress, the loss of earnings resulting from inability to work are compensated.

It is sensible to discuss with your solicitor whether or not to take out an After the Event insurance policy. This will guarantee you will not have to pay out any costs from the pursuit of your claim; meaning that you get to keep all of the awarded compensation.

This policy should be taken out by your personal injury solicitor and covers the costs of the administrative and research side of the claim. It will also cover the cost of any success fee your solicitor may include in the personal injury claim agreement.

Perhaps the most vital thing to consider when making a personal injury ‘no win, no fee’ claim is the time it will take to complete. If you are claiming for an injury sustained as a result of a car accident, have suffered from an industrial or work-related incident, been victim of a wrong diagnosis by your local GP or hospital, or have suffered psychological damage as a result of negligence, you will want to begin a ‘no win, no fee’ claim for compensation.

Do not leave it too long before making your claim. Your personal injury solicitor will want to have as much time as possible to make your claim as watertight as he possibly can.

This means the solicitor getting in touch with as many witnesses as possible. Many of these witnesses will be leading busy lives and the details of the accident may soon start to blur. As the saying goes, the devil is in the detail.

This is particularly important with work-related accidents. Put yourself in the position of an employer; if he realises that he is culpable for the accident, it is unfortunately possible that he may attempt to cover up the traces of his negligence.

There have even been accounts of employers using strong-arm tactics on fellow employees in an attempt to suppress or divert the circumstances of the accident.
To avoid such a situation developing, it is crucial to contact your ‘no win, no fee’ solicitor at the very earliest opportunity.

By so doing you greatly increase the chances of a successful claim for personal injury caused by your employer’s negligence.

Personal injury, no win no fee agreements have been around for at least ten years. Before that time, many people could not afford to claim for compensation after an accident or illness caused by negligence, whether this was a car accident, an injury at work or a faulty diagnosis from a doctor or hospital.

Personal injury, no win no fee claims allow everyone in the UK an opportunity to take legal action following an accident, with the exception of claims resulting from  criminal activity.

The easiest way to enter into a no win no fee agreement is to contact a solicitor as soon as possible after an accident has taken place. This will ensure that even if your claim is unsuccessful, your solicitor will not be able to charge you the standard fees.

However, depending on your claim, the solicitor may well advise you to take out what is known as an After the Event insurance policy. If you decide to take out the policy your solicitor will organize it on your behalf and claim back the cost of the policy from the negligent party or its insurers.

The benefit, therefore, is obvious. You can rest assured that the solicitor will do the utmost to ensure your claim is settled satisfactorily because should the claim be unsuccessful, the solicitor will receive nothing for work done.

Moreover, if your personal injury claim is successful, all of the costs and fees are deducted from the negligent party with nothing being removed from your compensation.

So, whether you have a claim for whiplash resulting from a car accident or fell over some unevenly laid paving slabs, a no win no fee claim could be the answer to any loss of earnings resulting from an injury of which you were entirely innocent.

It is important to understand that seeking compensation for injuries and harm caused due to negligence is a civil and legal right. It is not a social problem or a symptom of the compensation culture that many alarmists would have you believe. When individuals suffer injuries, they have a right to make personal injury claims.  Compensation awards can help them afford the necessary services that enable them to adjust and fully recover to their pre-trauma state of being, as well as cover any sort of financial losses that may have occurred in the interim. Financial compensation packages from the person or company responsible for the injury can make the difference between recovering completely and not recovering, and are a vitally important aspect of the law.

The no win no fee system came into place in 2000 when legal aid in such cases was withdrawn. Under this new system, the losing side covers all legal and other costs of making personal injury claims, with the claimant taking out insurance to cover him or her against the risk of losing under the no win no fee system. Unfortunately, the legal processes are generally misunderstood by the mass public, and consumers must understand that no win no fee compensation is their right by law. There are no hidden fees, no hidden agendas, just compensation. If you are someone who has suffered a personal injury and need to make an accident or injury claim, contact a no win no fee lawyer for more information on how to receive your compensation.

After an accident, most people seek medical advice, but that’s all. Depending on the circumstances of your accident, you could possibly be in need of legal advice as well. If you have been injured at the hands of another person whether directly or as a result of their negligence, you may be entitled to compensation.

Accident and injury claims are as varied as the individuals filing them, so if you feel you could have a case, it is important that you see a solicitor as soon as you can. The advice provided by a solicitor can help you make a solid case that is likely to win. If you are worried about legal costs, there are many no win no fee solicitors who offer conditional fee arrangements for personal injury claims.

A no win no fee solicitor will evaluate your individual case based on the information you provide, as well as the results of similar cases in the past. Using all the evidence you have gathered relating to your injuries, the solicitor can provide a compensation estimate as well as the likelihood of your case being successful. The compensation estimate will cover all your expenses due to the injury, as well as an amount to cover your pain and suffering.

With a no win no fee compensation agreement, your solicitor’s fees will only be paid if your case is won. When a case is successful, the legal fees will either be paid by the opposing side or be a set percentage of the amount you are awarded. It is very important that you know up front how much your fees will be and how they will be paid should your case win. If the case is not successful, you will not have to pay any fees.