Archive for March, 2010

03 31st, 2010

When it comes to filing an accident claim, there can be a number of costs involved in hiring a solicitor to handle the case. Basically, these fees can be grouped into basic fees, other expenses, hidden costs, barrister’s fees if a barrister is required for your case, and a success fee if the case is won.

Basic fees are the normal legal fees that any solicitor or lawyer charges, including their per hour rate. With a no win no fee accident claim, these are the fees that will be either paid by the other side or covered by the compensation, or both, if the case is successful. If a no win no fee claim is lost, these fees are not paid. Besides basic fees, you can expect to have to pay other expenses. These expenses can range from hiring specialists to court fees and travel expenses for all involved in the case. In a no win no fees claim, these expenses may or may not be included in the payment agreement.

It is very important to check any payment agreements for hidden costs. These types of costs can be incurred if you decide to go against the advice of your solicitor, you drop your solicitor or the other side refuses to pay or can’t afford the costs of your case. No matter what type of fee agreement you have with your solicitor, you will usually be responsible for these costs.

Finally, some no win no fee solicitors charge a success fee if your case is won. In some cases, this fee can be quite high, much higher than normal legal fees. Before agreeing to a no win no fee compensation agreement, it is important to know what the success fee will be and also how it will be paid. The last thing you want is to use all or almost all of your compensation to pay your solicitor’s success fee if you win.



Whiplash Compensation Claims

Author: nowinnofee
03 29th, 2010

One of the most common personal injury claims that people make as a result of a car accident relates to whiplash. This is a soft tissue injury that generally occurs in the neck area after the head has been jerked either forward or backward during an impact, which causes the neck muscles to stretch and tear. The movement is violent enough to cause pain, and the severity of the whiplash injury can range from simple pain to severe enough to require surgery. It is estimated that roughly 10% of all whiplash related injuries resulting from car accidents cause long-term disability.

Whiplash compensation claims are generally made for neck injuries directly resulting from a motor vehicle accident. Whiplash can occur even if the speed of the vehicle is exceptionally low. While some individuals make a speedy recovery, others suffer from severe pain and restricted movement for a lifetime, and require some form of whiplash compensation in order to deal with the additional medical fees related to the problem. Whiplash injuries are extremely easy to diagnose, and simply require a visit to your local physician. Once you have determined whether or not you have whiplash, you can begin working on the process of receiving whiplash compensation as a result of the accident.

Whiplash compensation as a result of car accident claims is a simple process to start. Simply contact your insurance company or local lawyer for more information on which forms are required and how to start the process of receiving your compensation.



Criminal Injury Compensation

Author: nowinnofee
03 25th, 2010

Thankfully, being injured by someone committing a crime is still a rare occurrence in this country.  If you are injured by the criminal act of another person, making a personal injury claim will be via a different procedure. Whereas claims are normally made through insurance companies as in a car accident, an injury caused as a result of a crime will be dealt with by a government scheme.

The Criminal Injuries Compensation Board was set up in 1964 to enable people who were injured during a criminal event to access compensation. However as it is a statutory body funded by the taxpayer the compensation amounts are strictly limited and are dependent on the type of injury sustained.  Also, injuries are assessed on the basis of common law damages so may not be as high as awards offered through a court of law.

In 1996 the Act was updated and the original board was replaced by the Criminal Injuries Compensation Authority (CICA). This body now administers a tariff system for all applications made after the 1st April 1996.

When it was established, the CICA courted a certain amount of controversy as it was found that it did not pay out as much as was hoped. In fact, the authors of the Act stated that the scheme was not “intended to give full compensation, but should be an expression of public sympathy to victims of violent crime.”

In order to qualify for a payment, any injury sustained must be proven to have been caused directly by a criminal act.

Further information on this should be obtained from a no win no fee lawyer.



Passenger Injury Claims

Author: nowinnofee
03 23rd, 2010

Although your body may be held in place through the use of a seat belt, there are still specific types of injuries which can occur as a result of the sudden jerking motion of a motor vehicle during an accident. One of the most common types of injury as a result of car accidents is whiplash, although it is not the only type of injury that can occur as a result of being in an accident. If you are involved in any type of accident as a passenger in a vehicle and suffer some form of injury, you are entitled by law to make a no win no fee personal injury claim. Under this law you can make personal injury claims as a result of any type of injuries suffered, regardless of whether you were a passenger on a train, bus, taxi, motorcycle, or even just another car.

The no win no fee claim allows you to receive due compensation for any type of injuries suffered as a result of being a passenger in a vehicle. This free claims process allows you to receive 100% compensation, so long as the accident was someone else’s fault and you were nothing more than a passenger. The driver of the vehicle, or the company that owns the vehicle, is liable for any personal injury claim you might make. In any case where you suffer personal injury through no fault of your own, you are allowed to make a no win no fee personal injury claim under the current laws. Contact your nearest no win no fee lawyer for more information.



Poisoning Claims

Author: nowinnofee
03 19th, 2010

One of the rarest forms of personal injury claims are those which are the result of poisoning. However, if you have been subjected to chemical or other types of poisoning in any way, shape or form, you could be eligible for compensation under the no win no fee system. Depending on how you were subjected to the poisoning determines the type of no win no fee claim you file. It could be a clinical negligence claim based upon chemicals you were subjected to while being hospitalized or visiting a physician’s clinic, or it could be a professional negligence claim, where you were subjected to poisonous chemicals as a result of a subcontractor coming to your home and adding Freon to your air conditioner or refrigerator and subsequently exposing you to that chemical. It could be for any number of reasons.

In order to determine exactly how you were poisoned and whether or not you are eligible for some form of no win no fee compensation, you need to contact a no win no fee solicitor at your earliest convenience to go over the details and determine whether or not you can make any personal injury claims. Chemical poisoning is a very serious matter, and regardless of whether or not it is carbon monoxide poisoning, lead poisoning, or even something as simple as food poisoning, you may have a claim worthy of compensation. If you suspect you have been the subject of poisoning, contact your physician immediately, then deal with the lawyers after you have determined the level of exposure.



Car Accident Injury Claims

Author: nowinnofee
03 16th, 2010

Car accident claims can be an extremely stressful situation for anyone involved in the process. This remains the same regardless of whether or not the individual in question is a pedestrian, driver or passenger, and even if you have not sustained serious injuries it can still be a relatively stressful procedure that requires time away from work and plenty of time spent working through legal aspects. Or does it?

In today’s legal system, the no win no fee solicitor works for you to ensure that the process is as painless as possible, and helps you to make any sort of personal injury claims as a result of negligence on the part of the defendant. If you do end up making a personal injury claim, the insurers of the individual responsible for the accident are required by law to cover the costs of the claim, as well as any sort of compensation you are awarded under the no win no fee laws in place.

It is required by law for all individuals driving a motor vehicle to have the relevant insurance coverage so that if an accident occurs everyone involved is covered by the insurance, meaning that anyone suffering from a car accident is entitled by law to be compensated for their losses and expenses as well as any stress and suffering endured. Under the no win no fee arrangement, you can make a claim even if you are financially strapped, because the insurance companies are required by law to cover your fees.



Industrial Claims

Author: nowinnofee
03 15th, 2010

Regardless of the industry in which you are employed, employers around the world are required by law to insure their workers against injury. In the UK they are bound by a duty of care regulation. In order for an employer to maintain safety regulations in the workplace they are required to carry out regular risk assessments as well as provide regular safety training and health training in industries that require it, and they should also provide all employees with protective equipment. If you happen to be someone working in construction, for example, your employer should provide you with a hard hat, safety glasses, gloves, boots, and earplugs at the very least. Likewise, if you work in a chemical factory your employer will generally be required to provide you with a protective suit as well as a respirator and other safety gear.

If you have suffered an accident on the job or have developed some form of a disease as a result of poor working conditions, you are eligible to make a personal injury claim against your employer. Keep in mind that any compensation you receive will come from the insurance company, not your employer, and under the law you are not allowed to be dismissed from your job for making personal injury claims against your employer. If you are making a personal injury claim as a result of a work-related injury or disease, contact a no win no fee lawyer for more information on the exact process required, as well as what information you will need to provide to make a successful claim.



Lower Body Injury Claims

Author: nowinnofee
03 12th, 2010

While most injuries to the lower body generally refer to leg injuries, there are actually a wide variety of injuries that can occur, ranging from hip injuries to groin injuries to knee injuries. No win no fee compensation amounts for lower body injuries are generally higher than upper body injuries given the fact that these types of injuries generally affect a claimant’s mobility more severely than do upper body injuries, and can actually prevent people from continuing their current employment or even finding employment for the rest of their lives. Since the resulting lack of income can lead to fairly significant financial difficulty as well as additional medical problems, personal injury claims as a result of lower body injuries are some of the most serious types of accident claims filed.

Regardless of the type of lower body injury you have suffered from, you are entitled to make a claim under the no win no fee system, at no charge to yourself. It is important to let your no win no fee lawyer know exactly how and when the injury occurred and whether or not it was a work-related injury or something that occurred elsewhere. A medical examination will be required to determine whether your injury occurred as a result of the events in question, but as a general rule lower body personal injury claims are taken very seriously, and should you be unfortunate enough to suffer from one of these types of injuries you are definitely eligible to apply for no win no fee compensation.



Am I Entitled to Compensation?

Author: nowinnofee
03 10th, 2010

In the United Kingdom, any individual who has suffered from a form of personal injury or an automobile accident as a result of someone else’s negligence is eligible to file a compensation claim. In the vast majority of personal injury cases, it is vitally important to file a compensation claim within the statute of limitations, or the time limit before a claim can no longer be entered. According to the UK laws, all personal injury claims must be filed within three years of realizing that the injury was the fault of someone else, unless the claim is for a child. You must be able to prove that someone other than you was negligent in some form or another and that your personal injury or loss was a result of their negligence.

In order to make a personal injury claim, you need to contact a no win no fee solicitor. No win no fee solicitors are lawyers who specifically work with individuals looking for compensation as a result of personal injury claims or an accident claims. They will work with you to provide evidence of your injury to the necessary parties. Keep in mind that medical confirmation is mandatory in order to show that your injury was the result of the accident that someone else is legally responsible for. While the emotional distress and financial losses as a result of the action can be compensated, it is up to your no win no fee lawyer to look over the facts and present them in such a way as to ensure that you receive compensation.



03 9th, 2010

While the no win no fee system was put in place to provide individuals with guaranteed representation in personal injury claim cases where compensation is required, there are some aspects of the system which are considered ‘down sides’. For example, many consumers are subjected to high pressure sales tactics similar to those employed by telemarketers, often times performed by unqualified intermediaries who use fancy language to skim past the fine print. It is vitally important to make sure that your no win no fee solicitor is a professional, not a fake, or you could find yourself owing fees that should otherwise have been covered by the system.

One of the most important things to look for when discussing terms with a no win no fee solicitor is any type of conditional fee agreement. Many consumers are misled by unqualified individuals into thinking the system is genuinely 100% free, only to find out on the other side that there were hidden fees attached. In addition, these conditional fee agreements can also create a system where lawyers refuse to take on small claims, despite the severity of the injury and personal significance to the client, causing a flaw in the system where certain individuals are denied access to justice.

Currently there is no system in place for regulating conditional fee agreements, so pay close attention to the paperwork when you are discussing terms with your no win no fee lawyer to make sure that you are getting a 100% free service as the law intends.