Archive for the ‘No Win No Fee Laws’ Category

All about no win no fee

Monday, June 28th, 2010

No win no fee naturally attracts a certain degree of suspicion as it is not usual to get something for nothing. No win no fees arrangements are known legally as Conditional Fee Arrangements (CFAs). They were first introduced in 1998. In England and Wales legal aid is no longer permitted for most personal injury claims, apart from medical negligence.

No win no fee solicitors who offer to take on no win no fee accident claims are agreeing to take the risk that if they fail, then no payment will be received. This might sound a surprising risk to take, but the fact is that many solicitors have to accept this type of case as the industry is changing. This means that the no win no fee solicitor will occasionally have to take the risk that a case will be lost and he or she will not be paid. Reputable firms should not charge their clients anything in order to pursue their claims. The client should pay nothing at the beginning and nothing at the end of the case, under most circumstances.

However, pursuing accident claims through the courts carries the risk of losing the case and although the claimant will not have to pay his or her solicitor he or she will very likely be asked to pay the costs of the opponents. For this reason it is advisable for claimants pursuing this course to take out insurance in case they lose. A reputable firm will provide insurance for their clients and this should not cost them anything, the insurance premium being deducted at the end from the no win no fee compensation received. The insurer generally drops the premium charge if the case is lost.

Claimants should also avoid no win no fee solicitors who want to take a percentage of the no win no fee compensation received. The one exception to this rule is when the MIB hit and run agreement applies and in claims in which there is a high risk of losing. The MIB (Motor Insurer’s Bureau) pays out compensation for injuries and losses resulting from a car accident involving an untraced or uninsured driver. However, in the case of an untraceable driver only compensation will be paid, legal fees have to be deducted from the compensation received.

Injured Whilst Serving your Country

Saturday, June 19th, 2010

If you are in the armed forces, you are paid to put yourself at risk in military action. However, you still deserve to be protected from the negligence of others while you serve in the forces. If you are injured due to someone’s inattention or carelessness you are entitled to claim for compensation from the third party who caused it.

The kinds of claims that arise from the armed forces are similar to those you would receive from non-military personnel, for instance, personal injury due to a road accident, or injuries caused by assault. We also see injury as a result of friendly fire. Even in the military, personnel suffer injuries caused by defective or inadequate equipment. It is of utmost importance that soldiers are provided with the right tools, in order to carry out the dangerous tasks they have been asked to do.

It is of the utmost importance that those in the armed forces are aware that they need not leave the Army, Navy or Air Force, for them to make a rightful claim for compensation. As an MOD employee, any case you bring will be heard by the British Courts.

As with all claims for compensation, you should call a professional for assistance. If you are in the armed forces, and feel that you have been injured because of someone’s negligence or defective equipment, then please call a no win no fee solicitor. They will be only too pleased to give you their advice in how to proceed with your claim for compensation. Any no win no fee lawyer will have experience in dealing with the MOD.

Legal Jargon in Injury Claims

Thursday, June 17th, 2010

There are a few legal terms often used in regards to personal injury claims that may be confusing to some people.
‘Liability’ is the responsibility for what caused the accident to happen in the first place. If someone has taken a specific action that led to an incident then they are liable.

‘No win no fee’ refers to cases where the lawyer agrees not to charge the claimant unless the case is won. Some people get confused by this as there is always the possibility of a charge unless the firm is also offering a 100% compensation guaranteed deal.

‘Disbursements’ are fees that are paid out to a third party who is helping to prepare the details of your case, for example, for medical reports.  ‘Negligence’ is when somebody has ignored his or her duty of care and this has led to an incident occurring.

‘Compensation’ is an amount of money that is offered to make amends for the injury or accident.

‘Duty of Care’ is a phrase used to describe the responsibility of a person to prevent an incident, for example an employer providing essential personal protective equipment (PPE) for carrying out specific tasks.

When choosing a no win no fee legal firm to conduct proceedings on your behalf, your personal claims advisor should be able to explain any unfamiliar terms to you in clear language, so that you are certain about the procedures that need to be followed and what happens next. If you are unsure, just ask and they will be happy to explain anything that you do not understand.

No Win No Fee Employment Lawyers

Monday, June 14th, 2010

Using one of the many no win no fee employment solicitors available to make personal injury claims is becoming increasingly common. There are a number of issues within the workplace which are often not addressed and which can lead to poor health for the worker.

Poor health can be defined in a number of ways. If a person is expected to do a job with inadequate training or equipment, this can lead to injury for themselves or others. If an employer has allowed a worker to work with inadequate training or equipment and somebody has sustained an injury then there are grounds for a claim to be made.

There is also the issue of workplace stress. Stress can lead to depression, which can be a debilitating illness if it becomes severe, as well as other symptoms such as insomnia. Long-term stress may also trigger other disorders. 

Stress in the workplace can be brought on by a number of factors, such as pressure from superiors, discrimination or harassment. Bullying at work is commonplace and can have a negative effect on all people in the company, not just on the victim. If such factors have led a person to leave their job or become sick with a long-term illness then there are grounds for a claim. 

There are a number of firms that offer no win no fee legal advice. The initial consultation is often free of charge and they can advise if a claim is worth pursuing. It is a cost effective method of making a claim.

How to Choose a No Win No Fee Lawyer

Friday, June 4th, 2010

When choosing a lawyer to represent you in personal injury claims it is best not to settle for the first one you find. Take the time to talk to a few different firms first and search on the internet to see exactly which services they offer.

Make sure you question each firm carefully, to ensure that they have experience dealing with a claim like yours. Also ensure they are positive that you stand a good chance of winning.

Talk to a number of no win no fee legal firms and see if your case will qualify, as there are different types of personal injury claims and some cases may not be eligible. The firm you instruct to take your case should be able to give you an idea of how long the proceedings may take.

Searching websites on the internet is a good idea for finding initial information on the law firms. They will have testimonials on their sites and should also detail the types of cases they usually take. Good legal firms will also explain to you exactly what a personal injury claim is. Most will offer a freephone telephone number so you can contact them directly for an initial discussion. There is no harm in contacting several firms in this way, as you will get a feel for the way each firm operates. 

Initial consultations should be free of charge and each company should also make clear straight away how much you may be expected to pay up front, though most will not expect an up front payment.

Obtaining Compensation

Thursday, June 3rd, 2010

There are several ways in which a person who has suffered a personal injury can obtain compensation for their injuries.

The one used most frequently these days is to take court action under the advice of a no win no fee lawyer. Making a no win no fee personal injury claim is probably the most cost effective method of obtaining compensation. The lawyer will ensure that you have reasonable grounds for a claim before proceeding with the case. As a precaution, you may need to take out a small insurance policy to cover your fees and those of the other side in the event that you lose the case. 

People who have been victims of crime may be able to make a claim via the Criminal Injuries Compensation Authority. There are also law firms that specialise in claiming compensation from specific government funds for those who have contracted long term illnesses as a result of working with asbestos or in the mining industry. These companies usually offer no win no fee legal advice and some firms may also be able to assist with medical compensation cases. 

Personal injury claims are numerous, so there are many law firms who now specialise in pursuing these claims. A quick internet search will show large numbers of companies which will discuss your case with you and many will offer the initial consultation free of charge. If you are unsure if you have a valid claim then it is worth talking to a representative of one of these law firms before deciding whether or not to pursue the claim. 

No Win No Fee Lawyers

Sunday, May 30th, 2010

A no win no fee lawyer is someone who specializes in helping people who have suffered a personal injury that is no fault of their own, and claim some form of compensation through the no win no fee personal injury claims system. What this boils down to in layman’s terms is that individuals using a no win no fee solicitor will be able to go through the entire accident claims process without paying a single penny out of their own pocket. Many people do not understand that making a no win no fee claim is actually a civil and legal right that is due to them under the fair and due process by-lines of the laws in place in the UK. In addition, many individuals are not aware that no win no fee claims are actually 100% free, instead fearing that there might be some form of hidden fees buried underneath the surface.

No win no fee claims are not only simple and free of charge, but they make claiming compensation a painless process, both in terms of your mental health and your pocketbook. Whether you are making a no win no fee personal injury claim or a no win no fee accident claim, your no win no fee solicitors will ensure that making your claim is as simple as possible, allowing you to rest assured that your compensation will be claimable as quickly as possible, without any worries about fees or corresponding headaches as a result of time. Contact your no win no fee lawyer for more information.

Making An Industrial Deafness Claim

Wednesday, May 19th, 2010

As people get older some hearing loss is natural, but it can be exacerbated when working in an environment that doesn’t properly protect employees from excessive noise levels.

Before making an industrial deafness claim however it is important to ensure that you are eligible. The first thing that must be done is to check both the environment you are working in and any symptoms that point to loss of hearing caused by being there.  For example, do you have to shout to speak to someone standing say, just two metres away? If so, then your place of work is likely to be breaking the law.

If you suffer from tinnitus – ringing, buzzing or humming in the ears, temporary loss of hearing, muffled hearing or have trouble hearing high pitched sounds and you believe it was caused through being exposed to high noise levels at work, then you might be eligible to put in a personal injury claim.

As such, the first thing to do is contact a no win no fee lawyer who will need a medical report about your hearing loss. This will outline the type and severity of any damage to your ears that affects your hearing, including a perforated eardrum perhaps.

Making a claim for industrial deafness is as straightforward as any other accident claim. Damages received will vary depending on the extent of the injury, the amount of earnings lost and your own behaviour at work, that is were you partly to blame because you did not wear provided ear protection?

What are No Win No Fee Lawyers?

Friday, May 7th, 2010

Basically, a no win no fee lawyer is a type of lawyer that usually works on compensation claims cases. In most cases, these claims are either personal injury claims or employment claims. No win no fee lawyers are so named based on the payment method they will accept for handling the claim.

No win no fee agreements have been introduced in the UK as a result of the reduction in legal aid available to most people who are seeking personal injury claims. If these types of agreements were not available many people would not be able to afford seeking the compensation that could be due to them. By working on a no win no fee basis, lawyers can provide legal assistance and advice and fee payment is conditional on the case being won.

Lawyers do not have to provide no win no fee compensation agreements to all clients. Also, no two agreements are ever the same as they are based on the victim’s individual situation and circumstances. Prior to no win no fee accident claims being made by any lawyers, they will first assess the case being presented.

During this assessment, two key areas are investigated. First, the lawyer will determine the likelihood of winning the case based on all the evidence presented by the victim, as well as the outcome of past cases. Second, an estimate of potential compensation can be determined. The combination of these two factors will determine whether a no win no fee accident compensation agreement will be provided by that lawyer.

Personal Injury Compensation – What to Expect

Wednesday, May 5th, 2010

Any time that you have been hurt in some kind of accident or at the hands of another, you are entitled to make a personal injury claim. Personal injury claims cover a broad area, from car accidents to slipping or tripping, being injured in the workplace or while playing sports and negligent medical or dental treatment. Because personal injury claims can vary so greatly, many people find it difficult to know what they can and can’t claim for.

If you are considering a personal injury suit, it is imperative that you visit with a solicitor or lawyer. They will review your case to determine if there is a claim that can be made. As part of the review, they will determine what potential compensation you could receive should you win your claim. The amount of compensation you could receive will usually be broken down into general and special damages.

General Damages – General damages are the more difficult of the two to determine. This type of compensation is established by placing a value on the pain and suffering you have undergone, as well as how your future could be affected. This means that there are no hard and fast figures that can be used. Instead, no win no fee solicitors and judges look at past cases that have similar circumstances to your own. Also, guidelines are issued to judges by the Judicial Studies Board that lists monetary values for different injuries.

Special Damages – Special damages are a lot easier to estimate, as these are the expenses and losses you have incurred since your injury. Special damages can include loss of earnings, medical expenses, insurance payments, cost of replacing damaged items and even a car hire if you are making a car accident claim. What is important for special damages is that you keep all receipts and a record of all payments and losses during the time of your injury.