No Win No Fee Accident Lawyers / Attorneys

Getting a No Win No Fee Accident Claim

2010-09-03T00:00:00.000-07:00

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.

Step 2 - Collate all the relevant information needed.

- The following documentation and information should be gathered together and kept in a safe place as evidence for your claim; diary of events, hospital appointment cards, prescriptions for medications, expenses receipts, receipts for any equipment or services rendered for your injuries and copies of your wage slips.

- If the accident happened at work then you need to keep a copy of your employment contract.

- You should contact your GP or hospital doctor and provide them with written confirmation that you are happy for your solicitor to have access to your medical records.

Step 3 - Instruct an expert witness.

- Your solicitor will use the details of your claim and information taken from your medical records to establish what type of medical expert is needed.

- A medical expert will be instructed to help determine the cause and extent of your injuries.

- Evidence taken from this expert witness can be used to aid negotiations with the other side's solicitor. The aim of this is to obtain an offer to settle rather than having to take the case to court, thus receiving compensation for the victim without incurring large legal expenses. Only 5% of personal injury claims end up being resolved in court, this highlights the importance of formulating a strong case early on in order to negotiate.

If you believe that you have suffered a personal injury due to the fault of another, whether this is wholly or in part, then contact a solicitor immediately to find out if you can make a no win no fee accident claim.

Article Source: ABC Article Directory

How Do The No Win No Fee Attorney Contracts Work?

2010-09-01T10:45:00.000-07:00

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.

Article Source: Article Base

Choosing The Right No Win No Fee Accident Claim Attorney

2010-08-28T15:38:00.000-07:00

By: Iklan Rumah

There are so many lawyers offering accident claim services that it has become very difficult for a client to choose who to instruct. This article offers some top tips on what matters when choosing an accident claim solicitor.

1. Area of expertise

Accident claims are often quite varied and can be medically complex. In order to have the best chances of success you should research a firm to find out what their areas of expertise are.

First of all ask the firm if they have a Personal Injury lawyer or department. You should check that firms that claim online that they have an accident claims service actually have a working personal injury team. Within this department you should ask whether there is a solicitor that deals specifically with claims of your type. For example you may have suffered an injury through a motoring accident, therefore you would need a road traffic accident specialist. If you have suffered an injury or illness through negligent treatment or care by a medical professional, then ensure the firm has a specialist clinical or medical negligence team. Often the members of a clinical negligence team will have a qualified understanding of medical conditions and terminology.

2. Method of claim

Think about what you want to achieve from your claim and how far legally you are willing to take it. Solicitors can vary in their approach to an accident claim. Some are aggressive litigators who will drag a case to court and force a win or loose situation on the matter. Others however will be keener to push mediation and negotiation before serving proceedings on the other side. Depending on your own stance and how you want your case to be handled, it is always prudent to discuss with your solicitor what approach they believe is the most successful in accident claims.

3. Conditional fee arrangements (no win no fee)

Many firms now offer accident claim cases on a no win no fee basis, which means that the solicitor should only take on your case if they feel there is a high chance of success. A no win no fee arrangement is where the solicitor will not charge you for their fees in the event that you loose your claim. If you win on the other hand, the fees will be taken from the other side or the amount of compensation you are given will be reduced accordingly. This is something that you should find out about before taking on a solicitor on a no win no fee arrangment. Ask them to tell you exactly where their costs are taken from and how they claim these back. You should know that the law only allows for a solicitor to claim back 'reasonable' costs from the loosing side; therefore anything that is considered above this allowance may still be billed to you.  

Check with your solicitor how they will structure their fees. Do you have to pay a retainer? Will a proportion of their costs be deducted from your compensation? What happens regarding out-of-pocket expenses? On this final point, it is really important that you ask your solicitor what charges you may incur for out-of-pocket expenses. An out-of-pocket expense is an additional cost incurred during your legal claim, which is not a legal or court fee. For example you may require further private medical examinations or the firms may charge additionally for faxing or telephone services. The costs should be recoverable from the loosing side as long as the are 'reasonable'. Therefore you should ask you solicitor what happens with these particular costs.

Article Source: ABC Article Directory

Possible Cases for No Win No Fee Accident Claims

2010-08-25T19:25:00.000-07:00

By: Iklan Rumah

If you have been injured in an accident, it's likely that you will be able to make an injury compensation claim. This is to help you recover any money you may lose by taking time off work, as well as for the inconvenience of your painful injuries.

However, with many phony claims management companies out there, it is important that you use an experienced personal injury solicitor to make sure you have an expert representing you.

Many of the firms who say they can get you 'no win no fee' compensation actually have secret fees and charges which you don't find out about until your case has been completed. The following list looks at some of claims where a proper solicitors firm will carry out the work for you on a no win no fee basis.

1) Car Accident Claims. Having a car accident is never pleasant and they can result in terrible injuries to the driver or passenger. Fortunately, you won't be charged before or at the end of your claim, if you wish to make one if the accident was not your fault.

2) Motorbike Accident Claims. As above, having an accident on a motorbike can be even more horrific than car accidents. 20% of serious road accidents involve motorbikes, which is astoundingly high considering only 1% of traffic consists of this two-wheeled variety.

3) Work Accidents. Your employer has to protect you from suffering an injury on their grounds. If they have not done this you will be entitled to make a no win no fee work accident compensation claim against them, which will help make up for your lost salary if you need to take time off.

4) Slips and Trips. If you trip on a broken pavement, or slip on a wet shop floor, you can almost always claim compensation against whoever was responsible for your accident, whether that be a council, shop owner or someone else. Slip or trip claims can be made on a no win no fee basis with the correct legal guidance.

By: Alice Bartlett

What is a No Win No Fee - Personal Injury Lawyers In UK

2010-08-05T12:05:00.000-07:00

By: Iklan Rumah

There may be many instances where you may suffer personal injury in UK e.g. an accident. So, you may definitely want to pursue a compensation claim against the person who has been responsible for causing the harm. Nowadays, it has become very easy for people to contact a personal injury lawyer.

You just need to have a computer and an internet connection to come in contact with the personal injury lawyer to help you with your claim. You can use any search engine to find out numerous law firms keen to provide a free service. Make sure that you instruct an approved no win no fee lawyer.

However, are you aware of the meaning no win, no fee? Nowadays it is used often. It applies to many different business sectors. The concept of no win no fee in United Kingdom is operated by Condition Fee Agreement implementation. The CFA document sets the terms on which the personal injury lawyer agrees to deal with claim on the behalf of the injured party. It even sets the obligations of both parties which for the injured party include the necessity to give instructions clearly and to cooperate during the life of claim. You must sign one of the agreements before the personal injury solicitor will be legally able to deal on the basis of no win no fee if you want to pursue a claim for the injury damages.

The Law Society of Wales and England has devised a standard which is used by most of the lawyers. The CFA will provide a back up that the acting lawyer will not charge the injured party any cost if the case is being lost. Other bills however, need to be paid. There can also be a bad day in the court where the injured party could lose at the time of trail and be compelled to pay the defence’s cost. It is important to insure yourself against such risk. Your acting lawyer needs to clarify the need for the insurance before the claim begins.

If the claim is being won by you, then the legal fees will be paid by insurer of the losing party. The disbursement costs will be reimbursed. You will get your compensation which includes out of pocket expenditures and where the future loses. These should be paid in full.

If you lose in the case, you do not pay your lawyer in view of the legal costs that they have incurred. You have the pay the disbursement costs but these should be covered by insurance policy. If the case is brought to court, you then need to pay your against party. However, these should again be covered by insurance policy.

Most of the reputed law firms in UK make it sure that all the successful injured party gets 100% of the compensation. However, if you have a conversation with a firm that wishes to deduct a percentage from the compensation award, then it might not be the best choice for you.

Article Source: ABC Article Directory

Conditional Fee Arrangements

2009-10-28T04:13:00.000-07:00

By: Iklan Rumah

The transformation of the legal environment

It is a known fact that costs and expense have gone over the roof. No matter who you are these rising expenses have hit you in some way. Even legal services are now something that even large companies think twice before taking. The fact is that people want to avoid such expenses as there in no guarantee that you will win your case. This is why many legal companies and lawyers have started to offer services, in which they only charge you if the case or lawsuit is a success. More commonly known as “No Win No Fee” services, these have grown very popular in the last couple of years.

I’m sure many of you would be interested in knowing how this arrangement works. Ill just give you a brief overview, to make it understandable for you. This is also known as CFA (conditional fee arrangement) and is the basis on which your lawyer will be paid. CFA basically spreads out the risk between the client and legal representative. So, it is ultimately a risk sharing mechanism, in case of an unsuccessful claim. This service is mostly available in cases such as, personal injury claims, but CFA’s are also available in clinical negligence claims, employment, libel, inability to get sme loans and product liability claims.

It is important to be aware of the key features of a CFA with a No win No fee agreement. Firstly you have to decide upon an uplift fee that the lawyer would be entitled to other than the regular fee in case of a successful claim. This uplift or success fee can be up to a 100% of the normal fee that the lawyer charges. This success fee is set by the lawyer at the outset through a risk analysis which assesses the chances of the claim being unsuccessful. Under this arrangement there can be two possible outcomes:

a) If the claim is unsuccessful, then the lawyer won’t receive any fee.

b) If the claim is successful, the no win no fee lawyer is to be paid the normal fee along with the set success fee. In reality though a proportion of these will be covered by the unsuccessful party, as explained below.

When involved in a negligence claim, lawyers must carry out the risk analysis as accurately as possible keep hold of it on a file. In this case if the claim is successful the uplift fee can be recovered from the losing party. The percentage uplift though, can be challenged and a judge might need to interfere to determine its accuracy. If the judge feels that the uplift fee is too high or overstated he can reduce it or might ask for the fee to be paid in different stages in the claim.

One of the most common queries that people have with this kind of arrangement is that, whether a no win no fee solicitor is entitled to take a cut of the damages recovered in personal injury claim? Well, the answer to this is in fact no. the arrangement where the no win no fee lawyer can take a cut of these damages that are recovered is currently permissible in the United States of America, but is not allowed anywhere else.

The main reason why people are looking for this service now days rather than the normal arrangement is that they want to avoid large bills even when they loose the claim. So it can be a useful way for people to kind of insure there lawyer fee. Most law firms today offer this service and you would be sure to find one if you look for it, as it also allows these firms to engage in Customer relationship management and retain their customer for future.

Author Bio

Ronen has many hobbies and interests. As well being a keen blogger and article writer for many sites, he has also recently created a site focusing on High protein diet. The site is constantly being updated and has articles on centipedes in the house to read.