Anyone who has suffered or has sustained a personal injury as a result of someone else’s negligence has the legal rights to file an accident claim. These include those who have suffered loss or pain due to road accidents or due to medical malpractice who maybe entitled to significant damages for repairs of their vehicles, loss of wages, and other losses attributed to the accident.
However, although most people know that they are entitled to ask for compensation, the cost of hiring a lawyer is typically what keeps them from filing claims even if they’re certain that the accident was not their fault. For this reason, the No Win No Fee accident claim have been introduced in the United Kingdom.
A No Win No Fee accident claim is the way most medical negligence or accident claims in the United Kingdom are taken. This means that solicitors are paid ONLY if the case is successful. The solicitor, who essentially takes risk on taking the case, will be charging the client a “success fee” if the case is won. These costs are decided early on and are typically a percentage of the compensation awarded.
How No Win No Fee Works?
No win, no fee is an agreement that is set out by a personal injury lawyer who will take on the case based on its own merits. The likelihood of its success rate will be seriously considered and will essentially be the deciding factor if the lawyer, together with the solicitor, will take the case on a no win, no fee basis or not.
Interested parties who wish to take advantage of this arrangement are required to meet with a solicitor who will initially assess the situation based on the provided documents. As they will be the one who will take serious risk in the case, solicitors and personal claim lawyers will agree to take it on a no win, no fee basis if they are certain that they’re going to win based on the proofs provided.
If the solicitor or the personal injury lawyer wins the case, a huge part of the legal costs will be paid by the insurance company of the other party. The client’s contribution to the compensation will be limited to a certain percentage, which is typically agreed upon prior to entering the agreement with the lawyer. Since April 2013, the law has allowed solicitors to set their success fees which could be as low as 10per cent to as much as 25per cent of the damages recovered from the personal injury claim. You can read more on these changes here. This amount and payment terms should be included in the agreement you signed with your chosen lawyer.
Example Of A No Win No Fee Claim
Everywhere you look, you can see buildings and homes under construction. That can be a good thing since it improves the economy of the country. But that also means you and others are vulnerable to accidents.
There are many ways on how an accident might occur on a building site:
- A floor collapses and you are underneath.
- A scaffolding fell down, and you are hit.
- You were electrocuted while trying to set up or repair wires.
- You happened to pass by when large debris fell off your head.
Accidents on a building or construction site can lead to injuries, some of which may be very serious and could land you in a hospital for days, break some of your bones, render you unconscious, or make you lose your income.
If the accident is somebody else’s fault, you may want to consider filing for a No Win No Fee accident claim. This way, you have a good chance to get compensation or damages without the worry of having to pay solicitor fees that will be lost if your case is also.
How Do You Go About Making A Claim?
One of the first things that you should do is to identify who is liable for the accident. At first glance, an accident on a construction site might be immediately blamed to the individual or company that has contracted it, but the truth is it all depends on the nature of the accident. To understand this, let us consider these two examples:
Ryan, 26 years old, used to work as a mason. While working, a large power tool fell on his head, causing traumatic brain injury. Upon investigation, it was revealed that an employee forgot to return the tool into the box properly. Although the fault was on the employee, the supervisor was also included in the claim since it’s his responsibility to ensure that everyone was safe in the construction site.
Then we have Denise, 30 years old, a single mother who works as a sales manager in a boutique. While passing through the curb, she fell into a deep hole. She immediately sued the contractor, but during investigation, it was learned that a local council decided to create the hole for drainage but failed to follow up on its completion. The actual liable partner therefore was the local council, not the contractor.
How Does Illness Affect A Claim?
Accidents are not the only reason for a construction site claim. Injuries may also be in the form of illnesses, and there can be many. A very common illness brought by construction sites is mesothelioma. It’s a very serious type of lung cancer where the tissues are covered by asbestos fiber. Since this takes a while before the symptoms appear, it may take years before you can associate the illness to the construction site.
If you unfortunately suffer from an injury whether through an accident or a disease, you have the right to file for a construction site injury claim which can be by the way of no win no fee. You can ask help from a solicitor with expertise in construction site claims. In any case you can ask for a no win, no fee agreement to save yourself from paying any upfront fees.
The conclusion is, if you feel you’re entitled to claim compensation for an injury or illness but are put off by costly solicitor fees then No Win No Fee may be the way to go.