Making a No Win No Fee claim with Claims4Free
Free legal advice on making a personal injury claim
Here at Claims4Free, we strive to provide clear and concise information for our visitors on what to do following an accident, and how to make a claim for compensation. All the information provided on Claims4Free is entirely free, and can help you decide whether or not you are in a position to start a compensation claim if you have suffered an injury following an accident.
The personal injury specialists we work with have many years of experience dealing with a wide range of claims, from road traffic accidents, to injuries caused by accidents at work, right through to medical negligence. By providing their services on a no win no fee basis, they help ensure access to justice for those who have suffered a personal injury due to someone else’s negligence.
Working on a no win, no fee basis
Previously, all lawyers’ fees were paid by the losing side. However, with the passing of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which came into effect in April 2013, injury lawyers can no longer claim their success fee from the other party. This means that if your claim is successful, your lawyer’s costs are taken as a percentage of the compensation you are awarded.
However, if your claim is lost, you are not liable for any legal fees, hence the name “no win, no fee”. Therefore, even if you lose, there is absolutely no financial risk when making a no win no fee claim.
No win no fee is subject to the solicitor firm agreeing to take on your case. There are a few rare exceptions, which your solicitor can explain in more detail.
Making sure your claim is successful
In order to make a successful claim for personal injury compensation it’s important that three criteria are met:
- Firstly, you must have been involved in an accident which wasn’t your fault, and was caused by the negligence of a third party.
- Secondly, as a result of this accident, you must have suffered some kind of personal injury or illness. For the purposes of a claim, this ‘injury’ can be physical or psychological in nature. The ‘accident’ in question might have been a one-off incident, or a longer term problem such as an unsafe working environment causing serious illness.
- The third criteria that must be met is that your claim falls within the statute of limitation. The Limitation Act 1980 states that a personal injury case must be started within three years of the date of the accident. However, there are some exceptions. In the case of an illness or medical negligence, you may not become aware of the injury until several years later. In cases such as these, the three year time limit starts from the date you become aware of your personal injury. Also, if the injured person is under the age of 18, the three year time limit begins when they reach their 18th birthday.
In some very rare cases the judge may waive the three year limit, but we recommend that you start your claim at the earliest possible opportunity.
Put simply, if you’ve been hurt and it wasn’t your fault, you’re already suffering. There’s no reason this suffering should continue in the form of direct expenses, lost earnings or a reduced quality of life.
How long does a case normally take to reach a settlement?
The length of time it takes each individual case to reach a settlement depends hugely upon the specific details of each. If it’s a relatively ‘open and shut’ road traffic accident, for example, with blame being easy to apportion, the other party may make an offer to settle before the case even reaches court. More complicated cases, on the other hand (particularly those involving medical negligence) may result in lengthy litigation over exactly what happened, who was to blame, and whether anyone has been negligent.
Besides blame, the other factor upon which a case settlement depends is the amount of compensation to be awarded. Your solicitor will come to a calculation based upon the accepted parameters for the type and severity of your injuries, and also an amount to compensate immediate expenses and projected lost earnings. If the other party accepts the quoted amount as reasonable then they may agree to pay up quickly, but if they choose to contest the figure, proceedings may be delayed until a full court case has been held. If you call free on 0800 234 6438 a trained legal adviser can put you in touch with a personal injuries solicitor who will provide you a reasonable time estimate, based on their experience and the circumstances of your claim.
Types Of Claims
Road Traffic Accidents
The number of people using Britain’s roads is increasing every year.
Accident at Work
In recent times, the average working environment has become a safer place.
Criminal Injury Claim
A criminal injury is defined as any injury which is sustained by an innocent party
Medical negligence (also known as clinical negligence) – such as a doctor, nurse, surgeon
Slip, Trip & Fall Injury
Falling and landing awkwardly can result in problems such as broken bones, severe bruising
Other Injury Claims
You can persue almost any type of injury claim as long as it has resulted from the negligence