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No Win No Fee Claims

Advice on no fault claim procedures

If you are among the thousands of people seeking no win no fee claims, you are entitled to make a claim up to 3 years after you sustained your injury so long as you were not at fault. Under Conditional Fee Agreements, commonly known as no win no fee, claimants are not required to pay their solicitors' costs if they lose their claim.

In order to maximise your chances of winning your claim, prior to making your claim, you need to be sure that you were not at fault and that somebody else was negligent. No fault claims form the basis for all personal injury claims. No win no fee claims, particularly those involving medical negligence, can be complex and require specialist solicitors. Because of the complexity of injury related claims, many law firms specialise in specific fields, drawing on their specialist knowledge and experience to maximise their success rate.

Researching law firms before choosing one to file your claim
Injury lawyers offer no win no fee claims representation nationwide. This means you don't have to limit your search to your local area. Being able to contact injury lawyers nationwide gives claimants greater choice and enables the public to compare services before appointing law firms. You are therefore advised to contact a variety of law firms nationwide to initially find out whether they specialise in personal injury, if they have experience handling cases similar to yours; and whether they will be willing to assist you on a no win no fee basis. This way, you can build a list of suitable law firms to make your selection from.

Taking the first steps
Take the first step by consulting injury lawyers nationwide. Before helping you with a no fault claim, solicitors can offer you initial consultation to assess the merits of your case, the extent of your injuries, the chances of you winning and the likely amount of compensation. They will then use these considerations to decide whether or not to offer you no win no fee claim assistance. Do not be discouraged if a law firm turn you down. It could be because they don't have the necessary experience or specialist knowledge required to successfully handle your case. Other firms with more specialist experience handling cases similar to yours may well offer to represent you on a no win no fee basis.

Main types of claims

  • Work related accidents
  • Accidents in public places such as hospitals and supermarkets
  • Trips, slips and falls
  • Road traffic accidents
  • Medical / clinical negligence
  • Criminal injury
  • Defective products
  • Unfair dismissal
  • Constructive dismissal

Questions to ask law firms before choosing one to assist you with your claim

  • How many specialist injury lawyers do you have working in your firm?
  • do you work on a no win no fee basis?
  • Will you hand over 100% of my compensation without making deductions?
  • will you charge me a fee if I lose my case?
  • will you charge me a success fee if I win my case?
  • If you do charge a success fee, how is it calculated?
  • Will there be disbursement costs associated with my case?
  • Are there any additional costs?
  • Are there any hidden liabilities?
  • Will you help me with Legal Expenses Insurance to cover costs if I lose the case?
  • How many injury cases have you previously handled?
  • What percentage of injury claims have you won?
  • How many cases similar to mine have you previously handled?
  • What percentage of cases similar to mine have you previously won?
  • If I win and the court orders the defendant to partially pay your costs, will you insist I pay you the balance?

Choosing law firms
Prepare a list of law firms willing to assist you on a no win no fee basis and compare the services of those on your list using the type of questions listed above. Comparing both legal services and customer service of various law firms will help you decide on a specific firm to represent you.

The need for evidence to back your case
You will need to provide your lawyers with vital information relating to your injuries to strengthen your case. These will include information about your actual injuries along with details of the scene of your accident including photographs, sketches, location, time of the accident and details of witnesses. If the injury is adversely affecting your income, you will also be required to provide documentary evidence. You can also claim compensation for expenses incurred through treatment. Consequently, you ought to retain every piece of documentary evidence relating to your suffering, expenses, treatment and loss of earnings because they can all be factored into your final settlement.

The claims process
This starts with a formal letter by your solicitor to the defendant informing them of your injuries and their alleged negligence. There will be a set period during which the defendant can make their own investigations and either agree to a settlement out of court or contest your case in court.

Your solicitors will consult with you on an acceptable compensation figure and will advice you if the defendant agrees to pay this amount. The defendant may also suggest a figure of their own, in which case your lawyers will advice you if the figure is reasonable and acceptable.

If the defendant either fail to respond to your lawyers' initial letter within the given period of grace or wish to contest your case in court, the decision to take the matter to court will ultimately be yours to make. If the matter goes to court, in almost all cases, the claimant will not be required to attend court.

If you win your no fault claim, you pay your solicitor nothing. The defendant pay your solicitors' costs as well as your compensation and the claims proceeding comes to an end when your compensation is paid in full. Many solicitors will also hand over 100% compensation to the claimant without making deductions but you should check this first when selecting law firms to represent you.

If you lose the case, you pay your solicitor nothing on a no win no fee representation, but may be liable to the other party’s costs. You will also be liable to pay for disbursements such as costs for medical reports. No win no fee claims should be backed with insurance cover and your solicitor will advice you on Legal Expenses Insurance to cover for expenses should you lose your case.

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no win no fee claims guide


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