No Win - No Fee

NO WIN - NO FEE: Conditional Fee Agreement Issues

2009-10-06T20:00:00.000-07:00

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

NO WIN - NO FEE: Defamation and No Win No Fee

2009-09-29T20:28:00.000-07:00

A recent Independent report has shown that London has become the defamation capital for the world of celebrates, there has also been a rise in defamation cases for us mere mortals and many aspects of the media has put this down those pesky no win no fee lawyers again. So as fame hungry celebrates continue on the quest for as much media attention as is humanly possible every day Joe public may suffer some form of defamation, what is the best cause of action for those who can't afford a high priced lawyer and is a no win no fee service the best service to use in a defamation case.

Most no win no fee companies tend to focus mainly on the bread and butter slip and fall cases but many people out there need help with a possible defamation claim; can no win no fee lawyers take up the good fight?

Firstly how do you know if you have a defamation case, the best way to describe defamation is if a person has said (slander) something that could damage your reputation or something has been written (Liable) that could damage your reputation. Obviously liable is much easier to prove in court than slander, so if you have written proof of some kind you already have a far stronger case. There are also certain criteria a statement has to meet to be considered defamatory, these being:

The allegation damages your reputation in some way It is available to third parties, i.e. other people will be able to access the defamatory statement made about you. Your name is clearly identifiable in the statement; there no point saying something is going to damage your reputation if people don't instantly link the statement to you. So if these criteria apply to you then you probably have a strong case, but are no win no fee lawyers the right people to take on your case. The first point to make clear is that if you are just looking for a public apology a no win no fee won't take on your case, the thing to remember is with no win no fee lawyers is that they charge based on how much compensation you receive, if there's no compensation to be received then they're not going to make any money.

Not all no win no fee solicitors will take on defamation cases but there are few legal services that will be willing to represent you on a no win no fee basis, and if they believe you have a good strong case then they will be fighting over each other to represent you. So if someone in the media or workplace has made a statement that could damage your reputation a no win no fee lawyer may be the best option for those who can't afford a high priced celebrity lawyer.

To read the full article. click Defamation and No Win No Fee by Seamus S

NO WIN - NO FEE: Claimant Protection From Unfair No Win No Fee

2009-09-22T20:46:00.000-07:00

The Ministry of Justice has taken a major step towards protecting claimants from unfair ‘no-win, no-fee’ arrangements.

Proposed new powers for the Lord Chancellor in the Coroners and Justice Bill will ensure that claimants are made aware at the outset how much their claim is likely to cost. A consultation setting out the details of the proposals was also launched today.

Damages based contingency fee agreements, generally used in employment tribunal proceedings, have existed without specific statutory regulation until now, opening up the potential for the exploitation of often uninformed claimants. A new clause in the Coroners and Justice Bill, tabled today in the House of Lords, gives the Lord Chancellor the power to regulate the use of these agreements – the consultation Regulating Damages Based Agreements seeks views on the different options to regulate.

The Justice Secretary, Jack Straw, said:

‘Unregulated contingency fee arrangements expose claimants to unfair terms and conditions being imposed by those representing them, which could lead to huge slices being taken out of their damages. These arrangements – unlike, for example, conditional fee agreements – have until now been without statutory regulation because of a longstanding legal anomaly. The measures announced by the government today seek to redress this, offering proper regulation to protect the interests of consumers.’

The proposed amendments to the Coroners and Justice Bill allow for the Lord Chancellor to make secondary legislation aimed at regulating aspects of damages based agreements, and to extend or restrict their use in future, should the need arise...

To read the full article, click New measures to protect claimants from unregulated 'no-win, no-fee' agreements

NO WIN - NO FEE: Personal Injury Claims in the UK

2009-09-15T22:03:00.000-07:00

If you have suffered a personal injury in the UK as a result of an accident, you may wish to pursue a compensation claim against the party who was responsible for causing you harm.

It is now extremely easy for most people to access a personal injury solicitor or lawyer to help with their claim. You no longer have to find a high street solicitor who would be willing to take the case on, you can simply log on to any search engine and find a wealth of firms willing to provide a free service.

You should always ensure that you instruct an approved no win no fee accident solicitor.
The term ‘no win no fee’ is often used and seldom understood. It applies to a number of different business sectors nowadays and this can sometimes confuse the issue because the arrangement may vary from one business area to the next. This article as the title suggests relates solely to the subject of personal injury compensation in the UK and specifically England & Wales (The Law in Scotland is rather different and they have yet to fully embrace the “No win no fee” concept).

Prior to legislation implemented in (the Access to Justice Act 1999) 2000 anyone who wished to pursue a personal injury action would be able to apply for Legal Aid (now know as Public Funding). This would be subject to means testing but would enable the less well off to have access to the legal system and to pursue a claim that would otherwise never get off the ground. However, this was an extremely expensive way of funding such actions and the Government withdrew Legal Aid for accident related injury claims in 2000.

In its place they introduced the no win no fee concept which in the UK is operated by the implementation of a “Conditional Fee Agreement” or CFA. The CFA document sets out the terms upon which a personal injury lawyer / solicitor will agree to deal with the claim on behalf of the claimant or injured party. It also sets out the obligations of both parties which for the claimant, generally include the necessity to provide clear instructions and to cooperate fully during the life of the claim. If you wish to pursue a claim for injury damages in the UK you must sign one of these agreements before your lawyer will legally be able to deal on a no win no fee basis.

The Law Society of England & Wales devised a standard CFA document that the vast majority of solicitors now use. The CFA will confirm that the acting solicitor will not charge the claimant (injured party) any costs if the case is lost. However there may be other bills that might have to be paid such as doctor’s fees or other expert witness charges.

There is also the prospect of a bad day in court where a claimant could lose at trial and be forced to pay the costs of the defence. You must insure yourself against this risk and your acting solicitor needs to explain the need for insurance before you start the claim. (the insurance is known as “after the event” cover).

If all of this sounds daunting, don’t be too disheartened. If you simplify the process it really is not too complex:

• IF YOU WIN YOUR CLAIM
- Your reasonable legal fees will be paid by the losing party’s insurer
- Your disbursements such as expert witness fees, medical records fees etc will also be reimbursed. (most law firms will defer payment of any such fees and not request these expenses up front)
- You will receive your compensation / damages which will include out of pocket expenses and where appropriate future losses. These monies should be paid in full ie 100% (see below)

• IF YOU LOSE
- You do not have to pay your solicitor / lawyer in respect of any legal costs they have incurred.
- You may have to pay for disbursements but these should have been covered by the insurance policy referred to above.
- If the case has been litigated you may have to pay your opponents costs but these again should be covered by the insurance policy.

To read the full article, click No Win No Fee Claims for Personal Injury in the UK by Martin Nolan

NO WIN - NO FEE: Guide on Fatal Injury Compensation

2009-09-08T22:13:00.000-07:00

Fatal accidents are the most traumatic events for the bereaved family of the victim and claiming compensation for such traumatic happenings can be a complex matter. Before claiming against the fatal accidents, it is feasible to take advice on fatal injury compensation in order to get due legal compensation. However, just like with other claims, it must be proved that the fatality was caused because of the negligence of the third party. It is also necessary to establish that the sufferer might have been capable of claiming compensation herself/himself during the causality. The claimant could also prove that the victim had suffered monetary loss because of the fatality.

The 1976 act on fatal accidents enables the compensation to be hosted by the relative or close person of the victim who has died because of third party negligence. Close relatives include children, parents, spouses or grandchildren. Any individual wishing to compensate should be dependant on the earning of the person who has died.

Fatal accident compensation claims are sought for various reasons:

    * If the death was not instant, compensation is sought for the victim’s own suffering and pain, loss of wages due to death and any medical expenses incurred.
    * Loss of monetary support. This is the largest aspect of the claim.
    * Loss of fringe benefits like the pension rights.
    * Loss of the services provided by the deceased such as child care, domestic assistance and DIY.
    * Bereavement compensation due to the spouse of the deceased. Parents can also get this compensation if the deceased person was below the age of 18 years.
    * Funerals costs if paid by dependants and damage or loss to any property due to the accident.

Fatal injury compensation is certainly a very complicated process and it will be wise to get professional assistance from a lawyer who holds expertise in this particular field. The solicitor may also provide advice on fatal injury compensation to pursue a claim of any kind such as accident at work, road accidents, medical negligence or accidents in a public area. There are many online fatal injury solicitors who offer “no win no fee basis.” Seek the best litigation support and benefit from legal compensation.

To read more on this, click Advice on Fatal Injury Compensation

NO WIN - NO FEE: Fatal Accident Claim Solicitors

2009-09-01T22:23:00.000-07:00

When a fatal accident happens to someone you love, it is very likely that amid all your shock, sadness and distress, you won’t have even considered making a compensation claim.

However, often when a loved one is lost it can alter their family’s lives forever – not only emotionally but also financially, especially if it is the main breadwinner who has passed away.

If this is the case then our accident claim solicitors can help you claim what you are legally entitled to.

As with all personal injury compensation claims, if you are making a claim on behalf of somebody that has been involved in a fatal accident, you will need to prove that somebody else was responsible for the death as a result of negligence. If nobody was at fault, there cannot be a claim.

Personal injury compensation awarded to a family on behalf of a deceased relative can include an amount for the pain and suffering of the deceased, repayment of actual losses such as funeral expenses and a bereavement award for the deceased’s spouse or parents.

There are two parts to a compensation claim for a fatal accident:

    * The victim’s claim – for any physical and emotional pain,     incapacity or distress they may have suffered. If the death was     instant, there can be no claim.
    * The dependent’s claim – a dependent can claim for loss of financial     support from someone who suffered a fatal accident as the result     of another’s negligence or wrong act of another person.

Who is able to claim compensation?

The following dependents are able to make a claim in the case of a fatal accident:

    * Husband or wife
    * Former husband or former wife
    * Cohabiters living as husband and wife for at least two years
    * Parent or guardian
    * Grandparent
    * Child or person treated as a child
    * Grandchild
    * Brother, sister, aunt, uncle or child of brother, sister, aunt, uncle

Fatal injury compensation claims can be complicated but we have the experience and expertise to guide you through the process.

To know more, click Fatal Accident Claim Solicitors

NO WIN - NO FEE: Guide to Accident Compensation Amounts

2009-08-24T22:30:00.000-07:00

The amount of compensation you are awarded will depend on the type of accident you have had, and the type and severity of injuries you have suffered as a result of the accident. The compensation amount also depends on how the injury impacts on your daily life. The compensation that can be awarded is broken down into two parts; general damages and special damages.

General Damages
General damages is the name given for compensation awarded for the actual pain and suffering of the injury caused by the accident. General damages are calculated according to compensation amounts that have been awarded by the courts for similar accidents and injuries.

Special Damages
Special damages is the name given to compensation that is awarded for financial losses suffered as a direct result of the accident. The most common financial loss is due to loss of earnings whilst a person is unable to work due to the injuries caused by the accident. This amount can also include future loss of earnings if the injury is ongoing.
Below are some examples of compensation amounts that could be awarded for a variety of different injury types. These compensation amounts are only provided as a rough guide, as the amount of compensation awarded will depend on the severity of the injury.

Head or brain injury: £8,500 – £100,000+
Face, jaw or cheek injury: £1,000 – £50,000+
Arm or shoulder injury: £1,500 – £60,000+
Hand injury: £1,500 – £60,000+
Knee injury: £1,500 – £60,000+
Leg injury: £1,500 – £60,000+
Psychiatric injury: £1,000 – £75,000+
Deafness or impaired hearing: £6,500 – £80,000+
Whiplash or neck injury: £1,500 – £70,000+
Back or spinal injury: £1,500 – £100,000+
Hip or pelvic injury: £3,500 – £80,000+
Foot, ankle or toe injury: £3,500 – £60,000+
Vibration White Finger: £1,500 – £25,000+
Asbestos related disease: £5,000 – £100,000+

To know more on this, click Guide to Compensation Amounts by www.claims4negligence.co.uk

NO WIN - NO FEE: Definition of Conditional Fee Agreement

2009-08-17T19:50:00.000-07:00

No win no fee based claims are growing ever more popular as the realisation comes that members of the public can get compensation as a result of personal injury.

The no win no fee claim service came into effect in 1998 when legal aid was replaced by the Conditional Fee Agreement (CFA). Under such an agreement you are only obliged to pay your solicitor’s fee and expenses for things such as expert reports if you win your case. If you lose, you have no fees to pay your solicitor.

A Conditional Fee Agreement stands for the legal contract between the solicitor and you the claimant. This contract contains the terms and conditions that you and the solicitor agree on.
No win no fee agreements are mostly used to pay for such personal injury cases as; whiplash injury, road traffic accidents, work accidents and trips/slips.

A frequently asked question when it comes to no win no fee claims is will all my compensation be used in paying my solicitor’s fees? If your case is fully successful then the answer is no. You will receive 100% compensation without any hidden costs and the solicitors costs shall be recovered from the other side, leaving the damages won intact.

Successful no win no fee accident claims can help with such expenses as loss of earnings, medical expenses and repair costs to things like cars. Everyone has a legal and civil right to claim compensation after an accident and thanks to no win no fee claims it’s never been easier.

If you have suffered or sustained an injury in the last 3 months in the UK, the first step is to get in touch with a solicitor/accident claims company, such as accidentconsult.com. Advisors will talk you through the claim process and the likely outcome of the claim. When your case has been evaluated, a decision will be made and you will be told right away whether the case is being pursued, with the process starting immediately if your case is being taken up.

Personal injury cases based on no win no fee rarely go to court and as the claim process starts immediately you don’t have to wait long before your compensation reaches you. The process of claiming revolves around the two sides involved agreeing on liability and damages, which cuts the number of cases going to court.

To read the full article, click No Win, No Fee Claims by Helen Cox

NO WIN - NO FEE: Why hire a personal injury solicitor?

2009-08-13T20:07:00.000-07:00

If you have suffered personal injury due to an accident you may be entitled to compensation. A personal injury solicitor will help you to file your claim and help you ensure you win the maximum compensation to which you are entitled. But remember it is important you hire a solicitor willing to work with you on a 'no win, no fee' basis.

So what is a no win, no fee agreement? No win, no fee simply means that the solicitor will be paid only if he wins your case, i.e. if you receive the full amount for which you filed your personal injury claim. Further, according to a no win, no fee contract, the fees will be recovered from your opponent.

Here are the top five reasons why a no win, no fee agreement is best for your personal injury claim:

Reason 1: Free assessment - When you approach a solicitor to handle your case on a no win, no fee agreement, he will first assess the potential of your claim. Based on this, he will give you advice on whether you should go ahead with your claim.

Reason 2: Expert advice - A solicitor who agrees to take up your case on no win, no fee terms will guide you on the amount you should expect to claim as compensation. After all, his payment depends on whether you win the full amount claimed by you as compensation.

Reason 3: Competent representation - Only a competent solicitor will go along with handling your case on a no win, no fee terms. You can also be assured that he will make his best efforts to represent you and win your case. It's a no brainier: if he doesn't win for you he won't get paid.

Reason 4: Nothing to lose - According to the no win no fee agreement, if you win the case your opponent will pay the solicitor's fees. This way you lose nothing.

To read the full article. click Why You Should Insist on Hiring a Personal Injury Solicitor by Diana Joseph

NO WIN - NO FEE: Definition of No Win - No Fee

2009-08-10T19:16:00.000-07:00

"No Win No Fee" is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.

If the client wins their Personal Injury case, either the Courts or the losing party’s insurers will make an award of damages. In addition, the insurer will be required to pay the client's legal costs including any uplift of fees as well as expenses. With most Conditional Fee Agreements, the client will have nothing to pay and will receive 100% of any compensation awarded in their claim.

After the Event Insurance (ATE) is the term used to describe the type of insurance policy, which is normally obtained by a lawyer acting on behalf of their client. This is generally taken out after legal proceedings have been contemplated or in the case of a personal injury claim, when a Conditional Fee Agreement (CFA) is entered into. ATE insurance is designed to protect the client from the risk of legal costs from either their own lawyer or those costs incurred by an opposing party in a legal case in the unlikely event that a personal injury case is either discontinued or lost at trial.

In addition, there are several alternatives to ATE for funding a personal injury claim.

These include:
• Legal Expense Insurance (LEI), often referred to as Before the Event (BTE) Insurance
• Legal Aid
• Paying for own Legal costs

To read the full article. click What is No Win - No Fee?