Information about No Win No Fee Claims
> Posted by nowinnofee in Common Accidents, No Win No Fee, Personal Injury Claims
Some people may be confused by some of the jargon that is involved in personal injury claims, though if you enter into a no win no fees agreement then it should be just that – nothing to pay whether you win or lose.
There are some solicitors that will require you to take out a small insurance policy to cover the cost of legal fees in the event that you do not win the case. The insurance policy costs will vary depending upon the type of case, but you should ensure that you are aware in advance of exactly how much you will need to pay for it.
There is also something known as a ‘conditional fee arrangement’. This is when a percentage of the compensation is used for legal fees. You should ensure that you are aware in advance if the firm you are using takes this as a fee or claims their costs from the other side. Not all firms will offer a 100% compensation guarantee and will have to recover their costs somehow, though most will recover them from the losing side.
Most firms will have both a no win no fee and 100% compensation policy but some cases, such as those involving medical negligence, may run for some time. The solicitors handling lengthy cases may be reluctant to do so without some sort of fee in advance, or they may insist on a conditional fee arrangement. It is important for any claimant to ensure they know in advance if they are expected to pay anything and how much they may be charged.
read comments (0)Employment Injury Claims
> Posted by nowinnofee in Accidents at Work, No Win No Fee, Personal Injury Claims
Employers have a duty of care to their employees. As such, any employee who has an injury accident in his place of work or when going about work related activities, can (providing his employer has failed in his duty) put in a personal injury claim for compensation.
All employers must ensure they are acting both within the spirit and letter of any and all of the regulations appertaining to their industry or business. These include: regular workplace inspections, adhering to health and safety legislation, carrying out and recording risk assessments to premises, and so on. Failure to do so properly can be very costly for an employer if a worker is injured.
It should also be remembered that employers must have public liability insurance; this is a legal requirement. This does not of course preclude a criminal prosecution in serious cases where an employee is injured or killed due to negligence on the part of the employer.
It is worth knowing that you cannot be dismissed as a result of putting in a claim against your employer – something that worries many potential claimants.
Employment law nowadays is very complex. However, if you feel that you need to put in a personal injury claim then it is worthwhile discussing your situation with a specialist lawyer. Many such specialists are also no win no fee employment solicitors.
It is also worth bearing in mind that it is better to be represented by a lawyer who has experience in dealing with particular kinds of injuries or diseases, e.g. Asbestosis or RSI. These kinds of claim need specialist knowledge to be pursued efficiently.
What to know about the Claims Process
> Posted by nowinnofee in Common Accidents, No Win No Fee, Personal Injury Claims
Once you have consulted a legal firm about the personal injury claim that you wish to make, there are several things that you will need to do in order for the claim to proceed.
The solicitor will require all the information that relates to the case. All information on the injuries sustained and the actual incident itself should be presented to the solicitor. Any medical reports should be included and if there are witnesses they should make statements.
It is only after receiving and assessing this information that the solicitor will decide whether to proceed with the case or not. It is at this point that the person or organisation that you are claiming against will also be contacted by your no win no fee lawyer to inform them that a claim is being made against them.
This notification serves more than one purpose, because if the person or organisation is prepared to admit liability early on in the process there may be a possibility of settling the claim out of court. It is hoped that most cases can be settled this way, particularly if the liability of the other party is clear.
If the case does come to court, your solicitor should be able to conduct all the proceedings for you without you having to attend. They will also take care of any paperwork involved.
The time involved will vary from case to case, but your solicitor will keep you informed every step of the way when you use a no win no fee legal firm.
Whiplash Compensation Personal Injury Claims
> Posted by nowinnofee in Car Accidents, No Win No Fee, Personal Injury Claims
Whiplash is one of the most common injuries suffered in car accidents, which results in a growing number of claims for whiplash compensation. Whiplash is an injury to the neck that is caused when the head moves suddenly. This movement can send the vertebrae of the spine out of line, leaving neck motion limited and painful.
This whiplash damage can lead to muscles and ligaments to be torn. Sometimes the discs in the spine also rupture due to whiplash. Symptoms that can accompany whiplash include headaches and dizziness. The injuries will vary from person to person and recovery times will differ, with some people needing to spend several weeks recovering.
Claiming for whiplash compensation is important if the injury will keep you from working for a while, as you may need to recover these costs. Finding a lawyer who can help you to make a no win no fee personal injury claim is a good idea as this can reduce the costs involved. Consulting a solicitor is an essential part of the process as they will be able to advise you on the best way to proceed with your claim.
There are a number of specialist firms who deal with personal injury claims and the injuries sustained in road traffic accidents are among the most common that are pursued for compensation. Whiplash compensation will vary depending upon the extent of the injury, the treatment needed and the length of time that the sufferer has been forced to take off work.
How to claim for personal injuries
> Posted by nowinnofee in Common Accidents, Personal Injury Claims
People today are more unwilling to simply endure the hardship, pain and suffering which can arise from a significant injury, especially when it has arisen as a result of the negligence or malice of others. The latter category is usually dealt with under criminal law in the form of criminal injuries compensation, but there are huge numbers of injuries that result from non-criminal accidents. These can include anything from falling and harming yourself at the workplace, sustaining injuries in a road traffic accident, or psychological illness induced by unmanageable stress at work.
It follows that accident claims cover an exceptionally broad range of scenarios, although car accident claims and whiplash compensation claims are amongst the most prominent.
For those many individuals who have suffered a personal injury, especially if it makes work impossible during recovery, making personal injury claims could be a wise and responsible move. A key point to bear in mind when you’re seeking help is to look out for no win no fee compensation. Seeking advice from no win no fee solicitors and no win no fee lawyers is highly recommended – they’ll represent your claim in court and if successful, will generally either claim their fees from the other side or via an insurance policy which they will have asked you to take out before acting for you. This will leave you with 100% of any compensation awarded; and a successful claim may afford you a vital measure of security, when an accident has turned your life upside down.
Potential Pitfalls
> Posted by nowinnofee in Common Accidents, No Win No Fee, Personal Injury Claims
Every year in the UK about 2.5 million people will sustain an injury. Some of these individuals will lose their independence or their income as a result of the injury they have sustained. In some cases it will not be their fault; rather the responsibility will lie with another car driver, public authority, employer or individual.
Despite what may be read in the newspapers, there has been no boom in individuals claiming compensation. In fact only around 31 percent of accident victims claim compensation through legal channels. Individuals who have suffered losses due to injuries that they have sustained and which were not their fault should be entitled to compensation. However, at the moment there are many pitfalls into which potential claimants can fall.
Individuals who have suffered an accident are often put under intense pressure by sales people who are not qualified to advise them on legal proceedings. Few consumers are aware of the pitfalls and liabilities that they will be exposed to by agreeing to conditional fee arrangements, otherwise known as no win no fee accident claims. Consumers often believe that these arrangements are genuinely ‘no win no fees’, but in some cases there are hidden costs which the individual will be unaware of until the bill arrives. There is also the problem that some solicitors will refuse to take cases which they feel they are unlikely to win.
Loan financed insurance premiums, can along with other legal costs eat into the no win no fee compensation that an individual receives. In some cases this can even lead to the individual owing money at the end of the proceedings. Individuals wishing to pursue a no win no fee personal injury claim should ensure that he or she deals directly with the solicitor and that the solicitor has not paid another party for the claim. Think carefully before taking out a loan as the claimant is responsible for the interest payments. Ensure that any damages recovered will be intact. Always read the small print carefully before committing to any agreement.
There is currently no system for regulating conditional fee arrangements which means that consumers may not be receiving good advice and information. A voluntary code of practice is still in its infancy.
Most car accident claims involving a personal injury are usually against individuals who have fully comprehensive car insurance. But what exactly is meant, by ‘fully comp’?
In reality there is no such thing as fully comprehensive insurance as there are always exclusions. That being said, fully comprehensive includes everything relating to third party, fire and theft plus accidental damage insurance. The latter refers to damage to a person’s vehicle and includes malicious damage. Windscreen damage is also usually included in the policy but this is likely to be subject to a monetary excess.
All cars valued over £5000 must be comprehensively insured, with optional extra benefits included such as personal accident cover. It should be noted that drivers are not automatically covered for this. Legal cover, which enables the car driver access to legal representation if necessary, is also often included as an option. Another optional benefit is a day 90 EU Green Card that covers accidents occurring while travelling in the European Union.
It was mentioned above that there are exclusions to all fully comprehensive insurance policies taken out. A common restriction will include third party driver cover, which means that any driver other than the insured person cannot drive the vehicle unless they are named on the policy. Any driver policies are still available but will be more expensive.
Individuals under the age of 25 who work in certain occupations or a driver with a poor claims record, or who has a criminal record, might be refused insurance cover by some companies.
A ‘no win, no fee’ personal injury claim allows you to receive compensation for any injury suffered as a result of negligent behaviour. This could be a car accident, wrong diagnosis by a doctor or hospital, or an injury sustained at work.
However, due to misinformation there are a number of misconceptions surrounding a ‘no win, no fee’ personal injury claim agreement.
The most important thing to remember is that if your claim is unsuccessful you are not liable to pay a penny towards your solicitor’s fees. Fees are what you pay the solicitor for the use of his expertise and knowledge and these fees are normally charged at an hourly rate.
Costs, on the other hand, is the amount of money charged for such things as medical records, the payment due to the court where your case is heard and After the Event insurance.
It is worth your while to ensure that your no win no fee solicitor will cover all costs incurred throughout the length of time it takes to settle your claim for compensation.
Furthermore, if it has been previously agreed with your personal injury solicitor that After the Event insurance was necessary, then this cost will be covered by the negligent party.
This means that even if you lose your claim, the opposing solicitor is not able to take any money directly from yourself. Instead, your insurance policy will cover his costs and fees.
By ensuring that you are fully aware of the personal injury agreement in place, it will result in you pursuing a claim for compensation against a negligent party at little or no cost to yourself.
If you regularly play games such as rugby, football, badminton or hockey you will no doubt pick up the odd injury. With the majority of these injuries, there will be no blame attributed to anyone else. Most sports activity puts a lot of strain on the body, so injuries do often occur. These can be strained muscles, broken bones, or torn ligaments. However, if you have been injured deliberately or directly you will be entitled to claim for compensation.
There are many personal injuries you can sustain while playing the sport that you love. Many of these injuries can be caused by defective equipment, or even as a result of facilities that are not safe for people to be using. Unfortunately, there are also deliberate injuries caused by an opposing player.
Injuries can also sometimes be sustained as a result of inadequate supervision by an instructor. If you are playing a sport, or just using your local gym, you should always ensure that you receive thorough induction and training, so that you lower the risk of sustaining an injury.
Most gymnasiums, leisure centres and health clubs provide adequate professional instruction for the use of their equipment. The majority of people do act with reasonable care towards other people when they are playing their favourite sport. If you are unsure about what you are able to claim for, then please call a no win no fee solicitor, who will be able to give you professional advice and guidance.
These days, it is appropriate to assume that, before a product hits the shelves, each one you purchase has been tried and tested to ensure that it is completely safe for use. Unfortunately, some manufacturers are failing to do this. In the event that a product or item has not been tested, this could lead to serious personal injuries or illnesses. If this happens, the person in question should be compensated for their suffering.
The most common claims for injury or illness caused by defective products are related to unsafe drugs, or faulty products such as toys and pushchairs. These can cause serious side effects, or injuries to children. Both skin and hair products can cause irritations and injuries, and are therefore also as much of a risk.
If you are ever unfortunate enough to sustain an injury caused by a defective product, report the product to the manufacturer immediately, as it is vital that it is made safe before further products are sold. Statistics have also shown that people seeking compensation for these types of injuries have a very positive effect on the industry in question, and will probably lead to the dangerous items being removed completely from sale.
Companies who fail to test their products are 100% liable to put them right. If you feel that you have purchased a defective product which has caused you to be injured or become ill, call a no win no fee solicitor, who will be able to assist you competently with your compensation claim.