Let's suppose something happens to you. Maybe it's a broken bone, maybe it's a bad cut, and maybe it's something worse. Now, let's suppose that that something was not your fault. Perhaps it was caused by defective machinery at the company where you work, or a mechanical defect in some product you recently bought, or was gained as the result of a crash or accident at the hands of a drunk driver.
If this has happened to you, perhaps its time to think about litigation: laziness and negligence should not go unpunished – you may be the first victim in a particular case, but unless something changes, you probably won't be the last. By litigating for compensation, you help keep companies accountable as well as receive some mitigation for the negative circumstances that have been thrust so unwillingly upon your shoulders.
What about the cost, though? Especially if you come from a working class back ground – where industrial accidents are most likely to happen – legal fees can be difficult if not impossible to pay. Fortunately, you don't have to worry about it. There exists a type of personal injury lawsuit called a no win no fee claim. This means that if you don't win your case, you don't have to pay the fee.
Think of the peace of mind this will give you. You can conduct the lawsuit with absolutely no fear of losing anything but a little time and effort. You have nothing to lose and a lot of money to gain. Because solicitors will only take you on if they think they can win your case, you're also at an advantage right from the beginning, as only those lawyers most confident in their own ability to work for you will actually choose to work for you. If they, experienced in the legal process, think you can win, there's probably a good chance you will – and if you don't, you don't lose anything.
Another advantage of no win no fee claims is that they are usually settled out of court. Most of your correspondence will take place by standard parcel post or by email and phone – only very rarely would you ever be called upon to actually appear in court. This removes much of the hassle problem most people expect when considering litigation as well, making the process as easy as it is cheap.
How much money exactly can you stand to gain from this? Is it really worth the time and effort it takes to find a good lawyer who's willing to work your case? The answer to that is very easy – just look at some of the average settlement fees, and you'll see just how substantial financial gain can be.
Start with something simple, like a forearm fracture. Very painful, very annoying, but not permanent and not at all life threatening. One would think that this relatively minor injury could garner little or no financial base in the way of litigation fees. One would be wrong. A simple forearm fracture can gain anywhere between three thousand, eight hundred pounds and over eleven thousand pounds. Not bad for no risk and a little bit of time in finding someone to represent you.
Rates are similar for other injuries as well – you can expect two to three thousand for the loss of part of your little finger, eight to eleven thousand pounds for severe injury to the big toe, and even over a thousand for something as simple as a broken nose. If you're dental work is damaged, you'll need a lot of money to repair it – get that money from the one who caused the damage, with many cases often resulting in settlements of five or six thousand pounds.
Win No Fee Claims
However, while the term ‘no win no fee' is now commonly recognised, most people still do not know precisely what it means, and how it affects personal injury claims.
In the interests of informing you of your options should you, a member of your family or your friends suffer an injury which was someone else's fault, we've put together some information to help you understand what the term ‘no win no fee' really means, and how you can use it to help you through a tough time.
What does ‘no win no fee' mean?
Conditional fee agreements, commonly referred to as ‘no win no fee' agreements, were introduced in the UK in 1995. Legal aid, a type of funding for people unable to afford legal representation, was abolished for personal injury cases in 2000, and the no win no fee system was extended to fill the gap. ‘No win no fee' means is that if the claimant does not win their case (‘no win') they will not need to pay (‘no fee').
Then who pays for all the court costs, fees and disbursements?
With the no win no fee system, all costs in personal injury cases must be covered by the losing side, and the claimant takes out insurance, arranged by the solicitor, to cover themselves in case they lose.
What about the solicitor?
The solicitor must take on the case on the understanding that, should they lose, they will not be paid for their work. On the other hand, if the case is successful, the solicitor will be entitled to claim their fee along with an extra uplift or ‘success fee'.
Who pays for the compensation if the case is won?
If the client wins their case, either the courts or the losing side's insurers will pay damages to the client. On top of this, the insurer will need to pay legal costs and expenses.
Will the claimant be left with any costs at all?
With most no win no fee arrangements, the client will not have to pay anything at all, and will be able to claim 100% of any compensation they have been awarded.
However, anyone who chooses to make a no win no fee claim should double check with their solicitor or claims company that this is the case, as some companies will still have hidden costs.
How to make a no win no fee claim
There are certain things to remember if you decide to pursue a no win no fee compensation claim for a personal injury. Follow these five points and you will be on your way to making a successful no win no fee claim.
1) Claims must be initiated within 3 years of an accident. Exceptions to this include certain diseases such as asbestosis, which may not appear until years after exposure to asbestos.
2) It is best to make your claim straight away, so that evidence can be collected to support your claim and you receive your compensation quickly to help with recuperation costs and potential loss of earnings.
3) Try to record the circumstances around your accident as soon as possible, such as date, time, how it happened, witnesses and their names and contact details, and the symptoms you are experiencing as a result of your injury.
4) Don't settle for compensation too early without expert advice, or you may be receiving a fraction of the compensation you deserve.
5) Get expert advice from a specialist solicitor – for most people, this is essential to making a successful claim.
Both Carolyn Clayton & Jessica A Parker 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. Accident claims for the UK market contact Accident Consult for your no obligation consultation. They are experts in dealing with. Carolyn Clayton's top article generates over 14800 views. to your Favourites.
Jessica A Parker has sinced written about articles on various topics from Legal Matters, Compensation Claims and Legal Matters. National Accident Helpline offer free, expert advice on personal injury claims. We specialise in making easy and straightforward, w. Jessica A Parker's top article generates over 8100 views. to your Favourites.
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