Tuesday, October 6, 2009

NO WIN - NO FEE: Conditional Fee Agreement Issues


No win no fee or “Conditional fee agreements” were first introduced in 1995 when Legal aid was still available for personal injury claims. It was introduced to give people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor so a lot of people didn’t bother. This “no win no fee” agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. The number of claims has dropped since this time contrary to popular belief.

The term “No win no fee” can be misleading. It makes it sound as though there will be no costs if the case is lost which is not necessarily true. The looser pays the winners cost as well as any damages. But there is still a risk of having to pay the other sides cost if the case is lost which might include medical reports which are not normally covered by no win no fee agreements. This needs to be addressed further and made clear to people before they start proceedings.

Too many companies are putting a lot of emphasis on getting cases and selling their legal and insurance products. Conditional fee agreements are creating incentives for the legal profession for financial gain. Using the popular “no win no fee” to entice people is misleading and wrong. Many companies are only too each and too quick to let their clients sign the “Conditional fee agreements” without the clients truly understanding all the risks and liabilities they may be exposing themselves too.
The great thing about no win no fee agreements is that solicitors will not take on a case unless they are sure they will win it, other wise they will be working for nothing and most solicitors are not stupid, they will not work for nothing. It is quite easy for an experienced solicitor to analysis the outcome of a case before even taking the case on which is why they can offer the “no win no fee” agreement.

More than 2.5 million people in the UK have accidents each year, and very few claim compensation for their injuries. People who have an accident don’t realise how simple it is to make a claim for compensation or simply cannot be bothered. What a waste. If the accident was not your fault then it is your legal and civil right to claim. Many people don’t understand the meaning of “no win no fee”, and are put off by solicitors because of the fees they charge. And people who have little experience with the legal system are less likely to put in for compensation after an accident. People need to be educated and realise that it really is a simple process, without huge forms to fill out and is really risk free. It only takes a simple phone call to get the advice and assurance needed when thinking about applying for compensation.

So if you have been injured in an accident and you want to be compensated for your pain and suffering and for the money you may have lost through lack of earnings then you should find a solicitor that works on a “no-win no-fee” basis. It is nothing to be worried about, the solicitors will explain how simple and easy it is to make a claim and also how this is a risk free option. There are many “No win no fee” websites around with lots of information regarding the way they operate and also the likely financial outcome of different types of accidents.

To read the full article. click No Win No Fee by Carolyn Clayton

2 comments:

  1. When looking to make a no win no fee claim for an injury there are many things that must be considered: collect all the details of the 3rd party responsible like names, address, registration details etc...you can also take pictures for documentation..after that you can now hire a medical negligence lawyer, a medical negligence solicitors for a successful medical negligence claim

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  2. I dispatched your articles links to all my contacts and they all mate it including me.

    No Win No Fee

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