Friday, September 3, 2010

Getting a No Win No Fee Accident Claim

By: Iklan Rumah

If you have suffered an accident within the last 3 years you may be entitled to bring a legal claim for damages. The accident must have occurred due to someone else's negligence or where someone owing you a duty of care breached their duty resulting in your injury.

Common accident claims are brought against employers, motor insurance companies, local authorities and public transport providers. The injuries encountered range from orthopaedic fractures and brakes to mental distress and trauma. In order to win an accident compensation claim you have to persuade the court that the 3rd party acted negligently and as a result of this negligence you suffered an injury. If it is appropriate you may be able to prove that the 3rd party owed you a duty of care, for example your local council, you would then have to proceed to show that a breach of this duty caused you the accident.

Numerous solicitors will now retain accident claim cases on a 'no win no fee' arrangement (or conditional fee agreement as it is also know). This agreement helps protect the victim from loosing money as if the case is lost, they do not have to pay legal fees.

The steps listed below should be taken to begin a personal injury claim:

Step 1 - Retain a specialist accident claim lawyer.

- The solicitor should meet with you and discuss the circumstances and results of your accident. If you are physically restrained due to your injury then the solicitor should come out to you at home or the hospital.

- In light of the information you provide he/she will be able to make a judgement on your claim's prospects. The solicitor will also be able to ascertain who was to blame for the accident and whether this 3rd party acted negligently or owed you a duty of care.

- If you decide to instruct the solicitor to pursue the claim then this will be done either on a fixed fee or no win no fee arrangement. The solicitor will get in contact with the offending 3rd party as your representative and direct the blame towards them. They will also inform the 3rd party of your intention to bring a claim for compensation.

- Depending on the result of this initial correspondence, your solicitor will initiate a formal legal claim following the pre-action protocol for personal injury cases as defined in the civil procedure rules.