In the UK there is an average of 2.5 million people suffering from personal injury every year. These people face losing income and independence as well as facing lifestyle changes. Anyone can suffer a personal injury accident and they can happen via a number of different avenues such as a road traffic accident, a work related accident, slip, trip or fall in a public place or a medical negligence accident. The personal injury accidents that lead to a no win no fee claim seem endless. Under UK law it is stated that a liable person, who is the negligent party in a personal injury accident, must compensate the injured person for any loss; however only 31% of people claim compensation using the legal process, which makes us wonder why people are accusing the no win no fee process of turning the population into a compensation culture.
The actual truth about people using no win no fee compensation is the realisation of their legal and civil rights. Everyone has an obligation to avoid causing harm to others just as the UK law has an obligation to help victims who are subject to harm. The way in which compensation claims were previously dealt with was through using legal aid.
This method has since been replaced with the Conditional Fee Agreement, know as CFA. By replacing legal aid with the Conditional Fee Agreement it means that anyone can now pursue a compensation claim, regardless of their financial status. Legal aid was replaced between 1998 and 2000 with the Conditional Fee Agreement. By changing the way in which we go about claiming compensation it means that the process of claiming compensation through a no win no fee claim is easier and allows anyone who has been injured through an accident that wasn't their fault to be able to claim the compensation that they deserve. It provides a lot more flexibility and reduces the hassle that was previously surrounding compensation claims.
A no win no fee claim stands for an agreement between you and your solicitor and is generally used in the context of Conditional Fee Agreements. A no win no fee claim means that if you lose your case you won't have any fees to pay. If you do win your compensation claim then your solicitor fees and any disbursements (export reports and barristers/solicitors opinions) will have to be paid but thanks to the Conditional Fee Agreement and since 1st April 2000 it is stated that the losing party has to pay the success fees of the winning party, leaving your damages untouched.
If you are planning on claiming for compensation then it is important that you seek legal advice before putting in for a compensation claim. This legal advice will be able to inform you of your chances of winning your compensation claim. There are a number of no win no fee compensation claim companies available today so your chance of winning compensation has never been higher. To help your compensation claim have more of a chance of being a success it is important that at the time of your personal injury accident that you preserve as much information as possible such as the details of witnesses and if possible taking pictures of the scene.
Helen is the web master of Accident Consult, home of all your No Win No Fee compensation claims.
