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.

How Do The No Win No Fee Attorney Contracts Work?

By: Iklan Rumah

Since the abandonment in 2000 of legal aid in order to fund cases for personal injury or accident compensation, the term 'no win no fee' has become a commonly used legal expression, and has often become an absolutely essential part of building a successful case in many personal injury and medical negligence claims. In light of the emergence of 'no win no fee' cases, how does this work for a client and solicitor?

'No Win No Fee' agreements (also known as Conditional Fee agreements) have been celebrated for giving 'access to justice' for those with financial problems in England and Wales. A client seeking fair compensation for their injuries will not be presented with a large legal bill and future financial problems.

Under a 'no win no fee' contract, a solicitor is simply not paid if a case is lost through no fault of the client. If the compensation claim is successful, however, the solicitor will charge an extra 'success' payment as a reward for the risks of acting on a 'no win no fee' bais. If the compensation claim has a successful outcome, the winning legal team will recover their costs from the other side (including any success fee).

Over the years 'no win no fee' cases have helped people who might not otherwise have been able to make a claim for compensation. Although costs can arise during the life of the case, a good, experienced 'no win no fee' solicitor can advise the client of the different ways of paying these, including taking out 'after the event' insurance which can also cover legal costs of an opponent should you lose the case.

With large numbers of people looking for compensation through a 'no win no fee' claim, the law now offers the chance of a fair end to a painful, distressing time for people who have suffered either an accident or medical negligence.

It is thought that about 2.5 million people in England and Wales suffer accidental injuries each year. If, during the last three years, you have suffered such an accident or injury which was not your fault, you should consider contacting an experienced no win no fee solicitor to see if you have a viable claim for personal injury compensation.