If you live in the United Kingdom and you have had an accident which is not your fault, or if you have suffered at all because of any negligent behaviour, you may be entitled to make a No Win No Fee claim. Whilst it is possible to represent yourself when you are making one of these claims, many people prefer to seek professional help with their claim. This professional help can come in the form of a claims advisor or in the form of a lawyer. Many of these professionals are able to offer their services on a “no win no fee claim” basis. This article will discuss the “no win no fee claims” process.
Black’s Law Dictionary defines a no win, no fee agreement as one where a client is “charged for a lawyer’s services only if the lawsuit is successful or is favourably settled out of court….fees are usually calculated as a percentage of the client’s net recovery”. No win No Fee claims agreements may also be referred to as conditional fee arrangements in England and Wales, because of the fact that the payment of fees to a lawyer is conditional on the case being successful. This payment agreement is made between the professional and the client at the beginning of the process.
The Positives of No Win No Fee Compensation Claim Agreements
No win no fee arrangements can help to open up the legal system to people who may not otherwise be able to afford to hire a legal professional. Due to the processes involved with preparing a claim, legal fees can be very high, so people who are forced to pay fees upfront or those who agree to pay their lawyer an hourly fee can be faced with a large bill. With no guarantee that a case is going to be successful, many people are put off pursuing a case, because of the worry that they will be unable to afford the legal service, and that they may end up vastly out of pocket. For people who have suffered a debilitating injury which has affected their earning potential, legal costs may prove to be an even greater barrier. No Win, No Fee arrangements can give people the chance to make a claim, who may not otherwise consider legal action as an option.
With No Win No Fee compensation claim cases, professionals may choose not to pursue a case if they do not believe that there is a good chance of the case being successful. Whilst they will be able to use their legal experience to consider all possible avenues for a potential client, most lawyers and claims assessors will not be willing to spend their time preparing a case that they do not think that they can win, because ultimately they will not receive any payment for their efforts. In many respects, it can be good for potential clients if these legal professionals will not take their cases, because it can save these clients a lot of stress in the long run, as they may decide not to pursue a case which is futile. However, if that client does still decide that they still want to pursue the case, they can always go on to discuss the details with other legal professionals who may be more willing to take on the case.
Accident Claims Explained.
If you have had a accident claim in the past 3 years you may be able to claim compensation. all our accident claims are on a no win no fee service and compensation can be paid out fast with most cases.
No Win, No Fee cases give solicitors one of the best possible incentives to concentrate their best legal efforts on a case. Because the legal professionals also have a lot riding on the outcome of the case, they will usually attempt to work as diligently as possible, and will ensure that they attempt to provide a positive outcome for the client by exploring every possible avenue. By strongly associating the financial success of the legal professional with the positive outcome of the case, the legal professional is guaranteed to try their hardest to win the case. However, the lawyer’s finances are not only tied to the case positively, they can also be affected negatively. In a compensation claim cases, the law firm must also shoulder any financial risks associated with pursuing a case. All legal costs are initially covered by the law firm in question, and can only be recuperated in the event that the case is won. This means that failed cases can be very costly for No Win No Fee solicitors. In part, this has helped to reduce the amount of speculative or unmeritorious cases which are brought to court in the United Kingdom.
How much will it cost?
No Win, No Fee cases generally do not cost anything unless the case is successful. In the event that the case is successful, your legal professional will usually receive a percentage of the total compensation which is awarded to you. They are also able to ask for extra money to cover their outgoing costs for your case. Alternative, they may be entitled to their normal fee, plus an extra “success fee” which they have added to help to cover the risk that they took by accepting a case with no guaranteed payment. Before April 1st 2013, the additional “success fee” was covered by the defendant in the case, but the law has since been changed, to mean that any “success fee” must now be covered by you, the claimant.
Your lawyer will usually make an agreement with you at the beginning of the process, as to what sort of fee they will receive in the event of victory, or what percentage of the compensation they will receive. You will usually have to sign a contract to say that you agree to this before the lawyer begins to proceed with your case. In English law, fees may be subject to compliance with statutory schemes, which are designed to provide the claimant with extra financial protection. In personal injuries claims, such as those which cover damages caused by slips, trips and falls, the lawyer may not charge a “success fee” which is in excess of 25% of the total damages which have been won by the claimant. In employment related tribunals, the legal professional may not request more that 35% of the total damages which are awarded to the claimant.
Some claimants many be liable for additional charges, even if the case is unsuccessful, but these should be agreed by both parties before the case proceeds. If your solicitor or claims advisor attempts to bill you in the event that your case is unsuccessful, and you have not previously signed a contract to this effect, it is possible to dispute these charges with an ombudsman or the legal standards committee. Also if you want information on medical negligence claims contact our medical claims experts for free advice.
What happens in a “No Win No Fee Claims” case?
When you talk to your solicitor or claims advisor about your case, you will need to provide them with a lot of details, such as what happened, where it happened and why you think it happened. They may also need to know the contact details of any people who may have witnessed your accident. In most no win no fee claims cases, you will have to give your solicitor access to your medical records and your financial records, so that they will be able to assess the extent of your injuries and they will be able to see whether the incident has affected your earning potential. It is very important for your lawyer to know this information, because it can affect how much compensation you are entitled to.
Once your lawyer or claims advisor has listened to details of your cases, they will decide whether they believe that there is a chance of success or not. If they believe that they can help you to win your case, they will fully discuss fees with you and begin to draw up an arrangement which should say what will happen in the event of a win and in the event of a loss. Make sure that you carefully read through any arrangement or contract before you sign anything, so that you will understand your obligations at the end of the case.
Your lawyer will be able to help you to progress your case and negotiate any compensation with the defendant. In many cases, the defendant will choose to settle out of court, because this can save them the expense of a costly legal battle. If you are also happy to settle out of court, your lawyer will help you to complete all of the necessary paperwork to say that you accept the amount of compensation which has been offered. Your lawyer will be able to advise you as to whether the offer is a good one or not. If either party (you or the defendant) does not want to settle, then the case may be taken to court. In these circumstances, you may be required to give evidence. Other people who are involved with the case or who witnessed your accident may also be required to attend court and give evidence. If the case does go to court, there is no guarantee that you will win and you will usually lose your chance to accept any amount of compensation which was offered to you before the trial.
Why Choose A No Win No Fee Solicitors?
When choosing a no win no fee solicitor their are many different benefits for example you will have the advantage of having no financial risk in case the claim is unsuccessful you will not have to pay a penny. When claiming through a different type of service you may get a surprise legal bill and they can be very expensive. Also take advantage of free legal advice before you make a compensation claim you might want to know your chances of the claim being successful and the solicitors opinion on the claim and if he thinks you are able to claim. For a limited time only their is a free iPAD with accident claims . You can also make the claim on a no win no fee basis contact us today.
Personal Injury Referral Fee Ban And Changes in the Law
Since April 2013 their has been some changes in the law with personal injury referral as a result a lot of firms of solicitors have closed and their has been many new rules so people are unable charge a fee for personal injury referrals. Hopefully this will be better for the industry and clear up the lower quality claims.