Walker Jack Consultants

If you’re nursing a fractured bone, struggling to overcome depression, anxiety or insomnia due to work-induced stress, recovering from a surgical procedure, or managing an illness contracted at work, think very carefully. If your predicament is the result of someone else’s action or negligence, you may well be entitled to consider personal injury claims.

Take injuries sustained whilst out walking as an example. If you fall as a result of your own carelessness, such as tripping over something that you know is there like a kerb, you may just have to grin and bear it. But if you trip or slip over something that ought not to have been there – such as a liquid spill on a supermarket floor or a jutting paving stone on the pavement – you have a case. Similarly, if you get a sports injury during the inevitable cut and thrust of a football match, you’ll just have to rest up until the injury heals. But if your injury was sustained by the deliberate action of another player, you should be considering approaching a no win no fee lawyer. Or another scenario: if you break your nose in a road traffic accident because you weren’t wearing a seatbelt, you could be on dodgy ground as far as making accident claims is concerned. But if another vehicle hits yours from behind and you sustain a whiplash injury, you ought to be making a car accident claim and seeking whiplash compensation.

If it’s not your fault, your injury should lead you to the expert advice of a no win no fee personal injury lawyer without delay.

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Making a no win no fee injury claim is the ideal solution to what can actually be a costly process. The vast number of no win no fee legal firms have come about as a direct result of this, as there are many who believe that the person who has been injured should not have to pay out anything in order to obtain compensation from the person or organisation that led to the injury.

There is always the possibility that you may not win your case, though your lawyer should advise you at the beginning if there is any doubt about the eventual outcome. Most firms may expect clients to take out a small insurance policy which will cover fees in the event of a loss, as you would also be expected to pay the legal fees for the other side, so this should still not cost you a great deal. 

Claims cannot be made for near-misses, where an accident or injury may have occurred but was prevented in time. You should also ensure that you have consulted doctors at the time of the injury and that you have the appropriate medical records to support your claim. Personal injury claims will not be allowed if the medical evidence is non-existent. 

If you are unsure if your personal circumstances will qualify for a claim, then one of the many no win no fee firms will be able to assess your situation and advise you accordingly. Initial consultations are usually free of charge.

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If you’ve ever been involved in a traffic accident, you know that besides the damage to your car, you may end up injured yourself, end up missing work, or have other costs to deal with.  Car accident claims can be very complicated, involving yourself, the other party, insurance companies, employers, and even solicitors.  Personal injury claims resulting from an accident involve even more complexity, because you’re bringing doctors and other medical professionals into the mix.  Unless you happen to be an expert in accident or personal injury law, this type of situation can quickly escalate into something beyond your ability to handle.
 
A call to your local Citizens Advice Bureau (England and Wales) or Citizens Advice Scotland can often give you some basic information about what steps to take, such as documenting the basic facts of the accident, taking pictures, and information regarding solicitors and claims management companies.  Should you choose to retain a solicitor, the CAB can describe for you the various compensation schemes typically used, though they can’t tell you which solicitor to choose or which fee scheme is best. 
 
A no win no fee personal injury solicitor is sometimes chosen, as many people don’t have the cash saved to pay the solicitor’s fees prior to claim settlement.  Be aware that “no fee” doesn’t mean “no money”: other costs associated with your case will need to be paid, such as court filing fees, accident report fees, and travelling expenses.  Make sure that the fees, as well as who will pay them and when, are explicitly spelled out in any agreement you make with a solicitor.
 
The no win no fee scheme opens the legal doors to many who could not otherwise afford to retain a solicitor, but this type of agreement should only be entered after one completely understands how the solicitor will receive compensation.

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No Win No Fee is a method by which people can pursue damage claims without advance payments to a solicitor for the handling of their claim.  This arrangement is also called a “contingency” or “contingency fee” basis.  If a solicitor accepts your case on this basis, he or she does not get paid for services unless you prevail.

An example might be a car accident that results in your inability to work.  Without income, you may not be able to pursue a car accident claim for damages against the party at fault.  In a no win no fee scheme, you don’t have to pay the solicitor fees up front, although other fees, such as medical reports, police reports, and payment for expert witnesses are usually not covered by the fee agreement, and will be required to be paid by you.

Not all solicitors accept this fee scheme.  But for those who do, the no win no fee solicitor will usually evaluate your case for free or at a reduced charge, in order to determine the odds of prevailing in court.  If the solicitor accepts your case, a specific fee agreement will be drawn up; detailing exactly what charges will be paid, by whom, and under what conditions.

Should you decide to pursue a claim for damages under this scheme, talk to some knowledgeable friends or contact your local Citizens Advice Bureau for assistance.  Pursuing a damage claim can be a long and sometimes confusing process, and choosing the right solicitor and compensation package is an important first step.

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Personal injury refers to any physical affliction (including broken bones, illnesses, viruses and diseases) and/or mental or psychological illness or distress, which may have been directly or indirectly caused by the negligence of another. The term ‘personal injury’ has now become associated with ‘compensation claim’ as it is so often used in cases against an accused ‘negligent party’. In some rare cases, personal injury can even lead to fatality. Examples of personal injury include whiplash (often as a result of a road traffic accident), sports injuries, assault claims (including criminal damage), burns, medical negligence and accidents at work. Those wishing to pursue a claim should seek out a solicitor who specialises in their specific kind of case. The Conditional Fee Arrangement (CFA) between a solicitor firm and client is more commonly referred to as a ‘no win no fee’ service. For personal injury claims, this means reassurance for the client that if they lose the case, they will not have to cover their solicitor’s costs.

Claims of this nature can be complicated and convoluted and so a victim of personal injury will certainly benefit from having legal expertise on their side to expedite the process. Generally, most personal injury cases are settled within a year, although the process can certainly take much longer if the injury is very severe or the liability is ambiguous. But if the injury means the victim loses out financially due to having time off work and all the other inconveniences associated with being incapacitated for any length of time, it is the job of the personal injury lawyer to ensure their client is suitably compensated.

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Sometimes there might be no obvious physical indication that a claimant has been the victim of an injury. This is because someone can be ‘injured’ mentally, emotionally or psychologically due to mistreatment from an employer or co-worker; examples would include unfair dismissal and racial or sexual discrimination. The victim’s appointed lawyer has to prove that such mistreatment has indeed taken place and demonstrate that their client has suffered as a consequence, e.g., loss of earnings, low self-esteem, anxiety, depression, etc. There is a plethora of legislation relating to this area of employment law, including the Sex Discrimination Act 1975, The Disability Discrimination Act 1995 (and 2005), The Race Relations (Amendment) Act 2000 and the Employment Equality Regulations 2003 (and 2006).

No win no fee employment solicitors review each individual case to ascertain the appropriateness of pursuing a compensation claim and the level that should be awarded. Historically, courts have been generally less willing to recognise that debilitating psychiatric conditions arising from mistreatment at work can and do affect hundreds of people every day just as adversely as physical injuries, but in recent years more victims of these ‘invisible’ injuries have won their rightful compensation.

Post traumatic stress disorder (PTSD) is a severe psychological reaction to an extreme upheaval or harrowing event, and certain professions are much more likely to be exposed to the possibility of being a victim of PTSD: those in the military, ambulance, police and fire services, for example. Symptoms include night terrors, flashbacks, blackouts, insomnia and feelings ranging from high anxiety to deep and inconsolable grief and/or guilt. PTSD renders victims unable to function properly both at work and at home and often the only way of treating it is through counselling, psychotherapy or cognitive behavioural therapy, often in conjunction with medication such as antidepressants.

Anyone unable to work because of mental distress or psychiatric disorder arising from bullying or discriminatory treatment might be able to make a claim for loss of earnings. A good employment solicitor will be in a position to give each claim a free no obligation appraisal and offer expert advice.

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People who regularly play sport, especially contact sport such as rugby, should naturally expect the occasional bump and bruise or black eye. Even sprains, breaks and fractures are not uncommon for many active sports players and rarely represent a cause for a compensation claim. Anyone who participates in a physical activity must be aware that there is always the risk of injury.

However if the injury is due to the negligence or deliberate (reckless, extreme) action of another person – for example an injury caused by defective equipment or by inadequate instruction, supervision or training – there could be a case for a sports injury claim. A victim of a sports injury should seek medical advice and treatment as soon as possible. This has the added advantage of recording the injury in a timely and official manner, which will assist in the claim process. As with all claims, legal advice from a competent and reputable solicitor is essential if the victim wishes to be ultimately awarded the full compensation due to them. There are no win no fee legal professionals with specialised knowledge of sports injury claims. This type of injury can occur in a variety of situations, including all field and team sports, horse riding, fitness clubs and classes, motor sports, ice skating and skiing.

Spectators of sporting events are also entitled to make a compensation claim if they are the victims of an injury arising from overcrowding, insufficient or unsafe lighting, shelter or seating or any accident that was the result of a lack of adequate safety measures. Any organisation hosting a sporting event should therefore ensure that the venue is maintained according to health and safety regulations.

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When someone has suffered an injury at the hands of another, that person is usually entitled to some form of compensation. Determining how much and what can be claimed for as a result of the injury can be a difficult task. While some expenses are obvious, such as medical costs and replacing damaged items, other amounts that can be claimed are not so clear cut. By seeking the advice of an accident claims solicitor, not only can the right compensation be determined, but also the chance of winning can be increased.

When determining how much compensation can be claimed for, solicitors consider two factors. First, they will look at all the evidence provided by the case at hand, or the damages owed to the victim. Damages can be broken down into two groups – special and general damages. Special damages are the ones that are easy to tally and include loss of wages, medical expenses, any repairs that need doing (to a car for example) and the like. For these types of damages, it is important to keep all receipts and clear records or any expenditures or losses. General damages are much harder to determine as they are based on the pain and suffering of the victim.

Once a solicitor has an idea of what damages to claim, he or she will then look at past cases that are similar in nature. By looking at these cases, the solicitor can get a better idea of what has been awarded in the past. Using this number with the damages specific to the case, the solicitor can then form a claim on behalf of the victim.

While the victim can file personal injury claims, the help of a solicitor who specialises in this area can increase the likelihood that the claim will be won.

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Suffering any kind of personal injury can be distressing and traumatic for the victim, however many people are put off from pursuing a compensation claim because they think it will be time-consuming, expensive and frustrating, or they may think they are not entitled to claim. No win no fee accident claims can be made relatively straightforward when the right personal injury solicitor is employed to help pursue the claim. It is an unfortunate fact of life that every day many thousands of people are injured at work, at home, on holiday, on the road or in the public arena and many of these people are entitled to claim for their injury, although most choose not to (or might not even consider it an option at all). If another party can be held accountable for the grievance, a no win no fee lawyer will ensure the victim receives rightful compensation for their pain and suffering, including reimbursement for any medical costs and loss of earnings that may have arisen as a result of the injury.

The job of the lawyer involves compiling all the evidence to present a case in order to ensure the maximum compensation. For this reason, victims of personal injury can help the legal process by lodging their claim as soon as possible, and backing it up with facts such as reports, photographs and witness statements for verification purposes.

Most law firms offer free no obligation advice and so initiating a claim is completely risk-free. The most common personal injury claim relates to negligence of a third party and generally such claims should be made within three years of the incident in question taking place.

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Should you suffer an injury or unfair treatment at work which you feel has violated the law, you may wish to seek compensation from the employer.  Especially if you plan to prove your case against a large employer, you may wish to hire a solicitor to handle the case for you.  The cost of hiring that solicitor, however, may make you think twice.

Industrial injuries alone can be difficult to prove—remember that many employers have their own solicitors on staff or on retainer who work to protect the company’s interests and money.  A more complicated case attempting to prove an industrial disease such as asbestos exposure or occupational asthma can be extremely complicated.  The solicitor’s fees for a case such as this can easily reach tens of thousands of pounds.  How could you pay something like that, especially if you’ve had to stop working because of the accident or disease?

One option may be no win no fee employment solicitors.  These are solicitors who agree to take your case on a no win no fee agreement, or conditional fee agreement.  The solicitor does not receive a fee for his or her services unless you prevail in your case.  Then that fee is paid from the settlement award in your case. 

Be aware, though that the solicitor’s fees are generally higher in these no win no fee cases because the solicitor is taking on the risk of losing the case.  There are also other fees to be paid along the way, such as filing fees, expert witness fees, and other fees.  You are generally required to purchase additional insurance against the cost of losing the case, which will reimburse the winning side for their own expenses.

But the no win no fee scheme can allow you to pursue a claim that would otherwise be out of reach and perhaps recover a settlement for your injury.

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