If you are facing legal problems, it is always best to contact an attorney. I know this because of a series of events which occurred last year. Someone who has a grudge against me launched legal action and I somewhat foolishly tried to defend myself. I got very confused as I looked through the law books and I realised that I was in over my head. I quickly decided to contact an attorney so I could see legal advice. The attorney was great and he quickly got a grip on the situation and successfully defended my case in court. I hope you like my blog.
Is the no-win, no-fee approach to personal injury claims too good to be true? Such a system allows everyone to lodge a civil claim in court, regardless of their own financial circumstances. However, if you're thinking about attempting to claim compensation for an eligible personal injury, it's helpful to have a rough idea of what to expect.
Standard But Not the Default
Not all personal injury solicitors offer a no-win, no-fee service. It's fairly standard, but it's by no means the default way to lodge a claim. Most solicitors who provide this service will clearly say so in their advertising, or on their website. Some solicitors even have an online claim calculator, allowing you to estimate the value of any settlement you may receive—although this estimate is not conclusive or binding in any way.
Personal injury can be established based upon existing legislations—determining whether another party can be assigned liability for your injury, and therefore whether your case is legitimate. In some circumstances, your first consultation with a solicitor may be your last. They don't take on all no-win, no-fee clients, and if liability cannot be assigned to another party under the law, making a personal injury claim may not be possible.
If the claim is possible, now you arrive at the matter of the applicable fees—or rather the fact that you're not expecting to pay any fees unless your claim is successful. This is broadly true, but it's important that you're satisfied with the fee structure offered by your solicitor, which can be somewhat different than if you were paying fees upfront.
So how are these fees different? To reflect the financial risk that the solicitor experiences (they don't get paid if the claim is unsuccessful), your case may be subject to an uplift fee. This fee is only applicable if the claim is successful, and involves your lawyer taking a small additional percentage of the settlement amount. This will be clearly stated before beginning any legal action, and you must be sure that you're satisfied with this fee.
A no-win, no-fee claim may involve just that—no fees whatsoever unless you win your case. But please remember that some solicitors will apply an uplift fee in addition to their share of the settlement. Different solicitors have considerably different fee structures, so it's important to take the time to find one whose fee structure works for you.
Speak to personal injury solicitors to learn more.