If you are thinking about making a compensation claim based on a no win no fee agreement then it is important that you seek legal advice before taking any steps. A personal injury lawyer will be able to tell you whether your case is suitable for a no win no fee claim. And if it is suitable they will be able to give you a rough idea of the chances of winning. Under no win no fee, an injury lawyer will not take the case on unless they believe they can win.
Apparently over 2.5 million people suffer as the result of accidents every year; however recent figures suggest that only 31% of these people actually claim for compensation. This is probably because of the mixed preconception that claiming for compensation is complicated and expensive. This is so far from the truth. All it takes is a phone call to get the ball rolling. You will then be sent a form to fill in with details of the accident and any witnesses. Once the form has been filled in the lawyer does the rest and you just have to sit back and wait.
No win no fee explained is simply as it sounds. If the lawyer doesn't win the case then he won't be paid a fee. This is why lawyers will only take on cases they know they can win. In the past accident claims were previously dealt with was through using legal aid. This method was replaced with the Conditional Fee Agreement (no win no fee), know as CFA in 2000. By replacing legal aid with the Conditional Fee Agreement it means that anyone can now pursue a compensation claim, regardless of their financial status.
With no win no fee claim if you are successful you keep 100% of the compensation that you are awarded with your solicitors fees being paid by the losing party's insurance company. If on the other hand your are the losing party is you the winning party's solicitor's fees will be paid by your insurance. This insurance is known as ?after even insurance?, which you are advised to take out before. You need to be aware that insurance company's are only willing to grant this insurance to people who have a good likelihood of winning their no win no fee claim so if you are turned down for your compensation you should take it as a hint that your compensation claim will most likely fail meaning you should rethink about claiming.
Personal injury law exists in order to compensate you for your injuries, any medical expenses that you have occurred and any loss of earning that you are suffering whilst you are out of work recovering. By claiming for compensation you could also be helping to prevent that accident happening to anyone else. For example if you are suffering from a work related accident your compensation claim could mean the introduction of new safety measures.
Whatever your reasons are for claiming compensation you should at least speak to a personal injury specialist, they will be able to explain all aspects of the compensation process and give you a rough idea of if you would likely win and if so how much compensation you might get awarded.
No Win No Fee Claim
One of the main problems of legal aid is that it wasn't available to many of the people who needed it most. First, the government didn't provide monetary aid for seeking claims in every type of personal injury case. It was limited to certain types of cases, mostly in legal areas in which attorneys had the most experience and familiarity.
Second, as with many government-funded social programs, it didn't receive the support it needed. As more people began filing claims for personal injuries, the costs to support the legal aid system exploded. This had a ripple effect. The solicitors who received compensation for their services from legal aid were paid less than they felt their services were worth. Eventually, they stopped accepting such cases.
How A No Win No Fee Claim Works
As legal aid was abolished, a new law was passed that paved the way for the no win no fee claim. Under this new system, no win no fee lawyers could retrieve their fee from your opponent (assuming you win your claim). What's more, you're not responsible for paying your solicitor's fees if you don't successfully win your case. That being said, if you wish to file a claim for compensation due to an injury, you may be required to take out an ""after the event"" (ATE) insurance policy. This covers any expenses that are related to your case (hiring expert witnesses, reports, etc.). Some solicitors will take out this type of insurance policy for you and pay the premiums (especially if they're confident of winning your claim).
Finding No Win No Fee Lawyers
Finding an experienced solicitor to represent you in your no win no fee claim should begin with your personal contacts. Ask friends, family members and acquaintances who have filed similar claims and won. Have them refer you to their solicitor. Once you meet with that person, ask them about their experience and expertise in various types of injury cases. While there are thousands of no win no fee lawyers who can help you, an experienced solicitor can make the difference between receiving your claim or losing.
Both Carolyn Clayton & Stu Foster. are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Carolyn Clayton has sinced written about articles on various topics from Accountancy Journal, Legal Matters and Adventure Travel. Carolyn is the web master of Accident Consultant, specialists in all aspects of . Carolyn Clayton's top article generates over 14800 views. to your Favourites.
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