There are a lot of law firms that offer a no win no fee payment structure. If you are thinking of entering into one of these agreements, you need to know the basis of this and what it actually entails.
What Is No Win No Fee?
A no win, no fee agreement is a conditional fee agreement which is often offered by personal injury solicitors. This allows you to claim compensation without worrying about any upfront legal costs. If you have an unsuccessful compensation claim, this agreement states that you will not owe the solicitor any money.
As you will not have to pay the solicitor if you lose the case, this kind of agreement will take the risk out of a compensation claim. You will not have to pay the solicitor any upfront costs, there are no hidden charges and you will never be left out of pocket. Of course, the agreement is subject to the solicitor agreeing to take on your case.
It is important to note that there are some rare exceptions and your solicitor should explain this to you in detail. It is important that you find out more about the agreement before you agree to work with the solicitor.
Why You Should Use A Solicitor
When you need to make a compensation claim, it can be hard to determine which solicitor is right for your case or who is actually going to listen to you. You will often feel anxious when you have to contact anyone about your accident. This will often lead to you feeling pressured or rushed into starting your claim.
This is why you need to take some time to find the right solicitor for your case. You should set up a few free consultations or talk to the solicitor’s office online. Your information will be subject to client confidentiality and the solicitor will not have the authority to share this information without your permission.
When you look at the solicitors you could work with, you have to ensure that you are getting free, impartial and jargon-free advice. This should come before you decide whether or not to make a claim. You should not have to worry about upfront or unexpected costs as part of the claims process. There should also be no risk of having to pay the other side’s costs if your case is not successful.
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Know Their Experience
When you look for a solicitor, you need to consider the experience that they have. Getting advice from a solicitor that does not have the right experience will not help you and could actually make the compensation claim more confusing. Solicitors with years of experience helping and supporting people with similar claims to your own should be your first choice.
Before you contact the solicitor, you need to find out what type of compensation cases they generally take. This information will generally be on their website and if it is not, you can contact them to find out more. Most personal injury solicitors will be able to help you with cases where you were in an accident that was not your fault and you were injured. However, if you have a specific case such as medical negligence, you might want to consider a solicitor that has specific experience with these cases as they can be more complex.
How To Start Your No Win No Fee Case
The first step in starting your compensation claim is to find out if you can claim. This can easily be done by getting in touch with a solicitor. A free initial consultation is generally on offer and you can use this to help you find out if you can make a claim.
During the consultation, you will need to talk about the accident you were in and give as much detail as possible. The solicitor will then be able to provide you with advice on what you should do and if you can make a claim. If you decide to go ahead with the claim, you should look for a specialist solicitor to help you with this. Ensure that they have the experience with your types of cases before you agree to work with them.
You can meet with different specialist solicitors before you make any decisions on who to use. These meetings will generally be free initial consultations. When speaking to the solicitors, you need to find out more about their no win no fee agreements.
Exceptions To No Win No Fee Agreements
It is important to note that there might be exceptions to no win no fee agreements. If the solicitor is unable to start your claim using the no win no fee agreement, this should be made clear to you before anything moves forward. This allows you to determine if you want to continue with your claim or not.
Getting Legal Aid
Legal aid is funding from the government that was introduced to help people get a fair hearing without any worry about legal costs for representation. It is important to note that legal aid was made unavailable for any personal injury claim. As a way to fund these claims, the government extended no win no fee agreements to cover personal injury.
This is why you are able to get free advice on your claim without having to worry about the costs. If you believe you have a claim and this is confirmed by a solicitor, you will be able to enter one of these agreements. The no win no fee agreement allows you to complete a compensation claim without legal aid as this does not extend to these claims.
The agreement will protect you from any upfront costs and from paying if your claim is unsuccessful. However, it is important to note that these agreements will have a fee for the specialist solicitor should your claim be successful. This means that you will only have to pay the fee when you actually get compensation and it will be a set amount as stated in the agreement that you sign.
There are some rare exceptions to this rule where the no win no fee agreement cannot be used. If this applied to you, your solicitor has to inform you about this before any agreement is signed. In these cases, you will generally be able to apply for legal aid. The process of applying for legal aid will require you to prove that you are unable to cover the costs of legal representation for your claim. If you are unable to prove this, you may not be able to get the legal aid that you need to cover the costs of your case.
What You Should Expect When Making A Claim
When you make a claim with a solicitor on a no win no fee basis, you need to know what you should be expecting. When you start your claim, you need to ensure that you are working with a solicitor that makes the process as stress-free as possible. You will generally already be under stress from the injury you sustained as well as the medical costs and loss of income which could come with this.
During your claim, your solicitor should ensure that you know exactly what is happening with your data and that it will not be sent to any other people without your express permission. They should also be able to answer any questions you have about the claims process in a way that you understand without the use of legal jargon.
Finding Out If You Have A Claim
There are 2 ways that you can find out if you have a valid compensation claim. The first will be to contact a solicitor or legal advisor which will be completely free of charge. It is important to note that you should never be pressured into making a claim by the advisor or solicitor that you speak to. If you feel you are being rushed, you may want to consider working with a different solicitor who makes you feel comfortable.
The second option will be to use an online claims checker. This will provide you with a good idea about whether or not you actually have a valid claim. However, any questions that you might have will not be answered and the advice you get will not be as comprehensive as the advice of a solicitor.
Can Children Make A Claim?
While children themselves are not able to make a compensation claim, you will be able to make a claim on their behalf. This can be done on a no win no fee basis as well. The claims will need to be made by a parent or guardian as anyone under the age of 18 does not have the legal right to make the claim on their own.
In these cases, the compensation which is won in the claim will be held in a trust. This money will only be released when the child turns 18 or if there are special circumstances which require it to be released early.
If you were in an accident as a child and wish to make a claim, you will have to wait until after your 18th birthday. The claim will have to be made before your 21st birthday. This is due to the statute of limitations which is generally 3 years.
Claiming For An Accident At Work
There are no employees that deserve to be injured because of the negligence of their employer. In fact, employers have a legal duty of care for their employees and have to create a safe place for you and your colleagues to work. If your employer has failed in their duty of care to you and you are in an accident, you will have a right to claim compensation.
There are many people who are worried about claiming for an accident at work, but you should not worry. Your compensation will be paid by their insurance provider and not the employer personally. It is also illegal for them to treat you differently or fire you as a result of your compensation claim.
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Accidents On The Road
If you are injured by another driver or due to the condition of the road, you may be able to make a compensation claim. You will be able to claim as a driver, cyclist, pedestrian or passenger. You will have to find out more about what you can claim in these cases from a solicitor that specialises in these types of accidents.
If You Are Injured In A Public Place
Injuries in public places are actually very common and caused by a number of things. One of the most common causes is that health and safety rules were not being followed. These types of injuries can often have devastating impacts on your life.
Some of the hazards that can cause injury include poorly lit areas, cracked pavements and slippery floors. There are many other hazards that can also cause injury which could allow you to make a compensation claim. If you want to make a claim when injured in a public place, you will have to show that someone else was at fault and this is something a solicitor will be able to help with. They will look at all the details of the incident and build your case in a way that has the best chance of winning.
Suffering From Medical Negligence
A solicitor will be able to help you when you are suffering because of a medical mistake or lack of care. Injuries from cases of medical negligence can have serious physical as well as mental implication. The impact will be lasting for both you and your family. If you have been injured in the past 3 years, you need to get in contact with a solicitor.