No Win No Fee

No Win No Fee

Author: Carolyn Clayton
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.So it really is worth putting a claim in for compensation if you have been injured. If the accident was not your fault then you are entitled to being compensated and you should apply.

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Whiplash Compensation Claims

Whiplash Compensation Claims

Author: Carolyn Clayton
Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards.

People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue. The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays.

Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.To treat whiplash the best way is to encourage movement from early on, rather than immobilization. You can have a soft collar that can be used in the short term. It is recommended to add ice in the first 24 hours, followed by gentle active movement. Your doctor may provide you with a series of exercises that you can do at home. An early return to work is encouraged, even if your doctor must prescribe some temporary modifications in your work situation.For pain relief you can get medication from your doctor, but exercises, physical therapy, traction, massage, heat, ice, injections and ultrasound are all proven to be beneficial. Most symptoms should resolve themselves within several months for most people who have whiplash but chronic conditions should be investigated further and might require surgery.

Claiming compensation for whiplash is your civil right. If someone collides with your car and you suffer whiplash as a result then you are entitled to receive compensation. Most personal injury solicitor will have dealt with a whiplash claim so would be able to advice you. You may have taken some time off work or in severe cases have to deal with an immobilising disability. And if the accident was not your fault then you would be daft not to take legal action. There are now “no win no fee” agreements where solicitors take on a case for nothing and only get paid at the end if the case is successful. You need to find a good solicitor that explains everything clearly. Some companies have hidden costs that you need to be aware off. Finding a company that offers straightforward advice for no charge is the best place to start.
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No Win No Fee Explained

“No Win, No Fee” Explained in Simple English

Author: Carolyn Clayton
Are you confused with legal terms? Would you like the common phase “no win no fee” explained in simple English?So what does “No win, No fee” actually mean? Well if you win the compensation case, you will get your compensation in full you’re your solicitor will not deduct any for any legal expenses. With the common no win no fee scheme; the solicitor is agreeing that even if you win the case his legal fees will be taken from the insurance company of the person or organisation responsible for your accident. But if you lose the case then you still do not have to pay anything. Basically is a risk free claim.The no win no fee phenomenon is ideal for people of a lower income who lack the financial resources.

It is for everyday people that have an accident and want the chance to be compensated for their suffering. The money they could win for you could help you rebuild your life, ease the suffering by giving you some money to enjoy for maybe a much needed holiday. 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 experience 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.Lots of people who have an accident don’t realise how simple it is to make a claim for compensation. 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.So it really is worth putting a claim in for compensation if you have been injured. If the accident was not your fault then you are entitled to being compensated and you should apply.Accident claims for the UK market contact Accident Consult for your no obligation Accident Consultation services.
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Facts on No Win No Fee

Facts on No Win No Fee Compensation Claims

Author: Carolyn Clayton
More than 2.5 million people in the UK have accidents each year, and very few claim compensation for their injuries. Seeking compensation for pain and suffering is a civil and legal right. The type of accident could be work related, a road traffic accident or a slip in a super market or something more serious like medical negligence.

Whatever type of accident, as long as you’re not responsible then you are entitled to compensation. These people that have suffered from injuries due to no fault of their own deserve compensation for their suffering and with UK law the liable party must compensate the injured person for their loss of suffering. The financial loss could be due to loss of earnings or due to damages to their car or any other personal item. In some extreme cases the loss of a job and whole way of life might be lost. Some people may have to adapt their homes to deal with the injury permanently. Also stress depression and anxiety are all illnesses that may not have occurred in the accident had never happened. This is why it is ethically right that people should have the opportunity to claim compensation for their injuries however mild or severe they maybe.

Only about 30% of accident victims seek out a personal injury lawyer and sue for compensation. “Conditional fee agreements” or better known as the “no win no fee” was introduced in 1995 when legal aid was still available for personal injury case. The reason it was introduced was to give the 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. 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. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.

The term “No win no fee” is misleading and there is widespread misunderstanding of the term. It sounds like there will be no costs if the case is lost. This is not 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, also medical reports etc are normally not covered by no win no fee agreements. This needs to be addressed further and made clear to people before they start proceedings. Many companies are putting to much emphasis on getting cases to work on 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. There needs to be more emphasis on advising and explaining what the agreement really means. What the real financial risks are and what can be done to prevent these. A system of regulation should be introduced to protect the people and surely is the only way forward.Positive outcomes can be the lessons learnt from compensation claims. Unfortunately sometimes it takes an accident for employers and the public to realise the dangers in the first place. It is a shame someone has to suffer, but on the whole a lot of people should benefit from this. We all have to take reasonable steps to prevent harm from arising whether we are employers or citizens Looking for a good personal injury solicitor is a must.

A well known company with experience should offer you the best consultation. If the solicitor has never delt with your type of accident or injury claim keep looking for one that has. Good legal firms will offer free advice and consultations. Accident claims for the UK market contact Accident Consult for your no obligation no win no fee consultation services.

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Road Accident Compensation

Road Accident Compensation

By Julian Hall
Claims MasterGroup
Before making a road accident compensation claim, there arespecial issues which may affect liability.

CouncilImmunity: This states that a class=GramE>victims injury may limit an injury victim's ability tosue when the driver of the vehicle that causes an accident is a councilemployee who is working at the time of the accident, or where the accidentinvolves a council-owned vehicle in view of aroad accident compensation claim.

OwnerLiability: This states that even if avehicle is borrowed to a third party, if an accident ensues, the owner maybe jointly liable for damages caused by the third parties fault.
Company/ Employer Liability: This states that here anemployee is driving a vehicle "on the job", or within the courseand scope of employment, the employer can be jointly liable for injuriescaused by the employee's negligent driving conduct.

MobilePhone Usage: Mobile phone usage whilst drivingis banned in the UK.Employers may want to consider the following best practice guidelines.Mobile phones should be switched to voicemail when the user is driving.Emergency calls only should be made / received when on the moveEmployees should be encouraged to only make or receive calls - even with ahands-free kit ? when they are safely parked away from the road. Any accident caused in this way will affect anyroad accident compensation claim .

Insurance Cover
The insurance problems car accident victims have withinsurance coverage typically fall into three categories:

UninsuredDriver - Unfortunately there are agrowing number of people who are driving without any car insurance, an MOTand in some cases a driving license. In the w:st="on">UK, thereis an organisation called the MIB (no they don't wear black suits) whichstands for the "Motor Insurers Bureau" who deal with paying out claimsagainst uninsured drivers. This was set up to offer victims of uninsureddrivers a way to gain a Aroad accident compensation claim that could then be reclaimed from theuninsured.

UnderinsuredDriver - Underinsured Motorist coverageis the term used when the other vehicle's policy limit is inadequate topay for all your damages.

Provided you have a Standard Policy, your own insurance company may payfor damages to your vehicle caused by; any person or organization class=GramE>who did not have liability insurance at the time of theaccident. Any person or organization who had adequate liability insurancecoverage at the time of the accident, but for some reason, the companywriting the insurance denies that their policy provides coverage for the class=SpellE>loss. Any person or organization who did not carryenough insurance to pay for your damages in full. Ifyou only have a Basic Policy, you do not have any protection if yourvehicle is damaged by either an uninsured or underinsured driver.
InsuranceCompany Bad Faith - style='font-weight:normal'>Anxiety and distress arenatural emotions caused when an insurancecompany refuses to pay.

In many circumstances there may bea legitimate reason for the insurer notpaying, but there have also been a number of cases wherethe insurance company's refusalhas been considered unreasonable, unfair and in ' style='font-weight:normal'>bad faith'. In legal terms, theinsurance company has acted in breach of contract.

f you need advice or would just like to speak to someone, please don'thesitate to give Claims MasterGroup a call on 08000 71 22 71.
The href="http://www.claimsmastergroup.com/">Personal Injury, Accident Claim, href="http://www.claimsmastergroup.com/">No Win No Fee, href="http://www.claimsmastergroup.com/">Road Accident Compensation specialists.
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Auto Accident Compensation

Your Auto Accident Compensation Claim

Author: David Hackbart
An auto accident can result not only in personal injuries but also to loss of lives and financial difficulties. Thus, it is important that each one knows the proper thing to do when they or anybody they know gets involved in an auto accident.

An auto accident can be in the form of an accident involving any motor vehicles. It can also be a motor accident involving two motor vehicles or even a motor vehicle and a pedestrian or onlookers. When the victim suffers any personal injury he can file a compensation claim. Many motor accidents create an unnecessary inconvenience to the victim who may suffer personal injuries. The accident can also result to damage to the vehicles involved this also causes inconvenience and delay to the owner.People who are victims of a motor accident can avoid financial expenses for their vehicles or even for their personal injury by making a compensation claim either for the vehicle damaged or to any personal injury suffered.

In any case, it is always advisable to get the services of a competent lawyer because they are the experts in this area and they will know how to handle your compensation claim arising from the motor accident.Contrary to common belief, getting the services of a lawyer generally will not cost you because the payment is charged against the insurance company of the person who was at fault and caused the accident. There are lawyers who work and negotiate a good compensation claim package for the victim but who agree to write the charges off if they are not successful in getting a hundred percent of the compensation claim.A person who gets injured in an auto accident should first seek medical treatment for any injury he may have suffered.

The health of the victim is of course the first priority but it is also important that the victim have a fair compensation agreement. The best thing to do after a thorough medical or chiropractic check up is to contact a competent law firm who can handle your compensation claim.When the motor vehicle gets damaged, a lawyer can negotiate a replacement vehicle for him which he can use until such time that his vehicle is repaired or his compensation claim is paid in full. A compensation claim arising from auto accident may include compensation for the loss of present and future earnings of the victim, the medical expenses he has incurred, compensation for the pain suffered by the victim and many others.

To be more prepared visit www.mylawadvice.com David A HackbartPrinciple of DYBBeing involved in an auto accident, particularly if you are the victim, can be physically as well as psychologically challenging considering the injuries, the mental anguish and the expenses that will be incurred as a result of the injury. It is always a good decision to get the help of the experts to make the suffering lighter and more bearable.

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Automotive Accidents in New York

Automobile Accidents in New York

Author: Anthony A. DiNitto DiNitto
An automobile accident is sometimes a simple routine case or at times can be a very complex matter. It all depends on the circumstances surrounding the accident, types of insurance coverage available, whether an accident reconstruction expert needs to be retained and whether the case also involves defects in the cars involved. A case could also be complicated if the injuries sustained by the parties deal with multiple complex injuries to the joints, involving surgery and other procedures. TIMELY GATHERING OF INFORMATION IS IMPERATIVE The statute of limitations, which is the time limit in which a lawsuit has to be filed, varies. It can be three years or less, depending on the defendant.

For example, if the defendant is an employee of the State of New York, or other municipal employee, the time to file a claim is 90 days. If the defendant is a private individual or corporation, then the statute of limitations is three years. If the case involves death then the time limit is two years. There are also time limits insurance carriers require for coverage. Any claim for no-fault requires a notice to the insurance company within 30 days. In addition, if one makes a claim under the SUM coverage (supplementary uninsured underinsured motorist coverage), then notice also needs to be made within 30 days. Finally, if there are parties that have no insurance coverage, an individual will have to file a claim with the Motor Vehicle Accident Indemnification Corporation and that claim needs to be filed within 180 days. Other factors such as location of witnesses and obtaining statements while the incident is fresh in their minds are also important.

The vehicles involved also need to be thoroughly examined, photographed and sometimes stored for evidentiary purposes. SERIOUS INJURY THRESHOLD MUST BE MET Automobile cases are further complicated by the serious injury threshold set forth in the New York State Insurance Law. In the mid 70's New York became a no-fault state which meant that all occupants of motor vehicles involved in car accidents had up to $50,000 in lost wages and medical coverage regardless of fault. Prior to passage of this law you had to sue the other driver for medical bill payments and lost wages. However, the tradeoff with this $50,000 in coverage is proving you had a "serious injury" before recovering for pain and suffering resulting from the injury.

A "serious injury" is defined as fracture, death, dismemberment, loss of use of a body organ function or system, significant limitation of body organ function or system or an inability to perform substantially all of one's daily activity for a period of 90 out of 180 days following the accident. The criteria can at times require significant knowledge of the law and significant work up of the medical evidence in order to meet the requirements of the threshold. Article Source: ArticleCity.com Anthony DiNitto is a partner with the Faraci Lange law firm based in Rochester New York. The Faraci Lange firm is considered one of Western New York's leading personal injury firms.

Anthony DiNitto has represented catastrophically injured plaintiffs in all types of cases including auto, defective products and premises and construction accidents. He is a member of the Association of Trial Lawyers of America and a member of the board of directors of the New York State Trial Lawyers. He is the current president of the Genesee Valley Trial Lawyers Association. He can be contacted at adinitto@faraci.com or (585) 325-5150. You can also visit the firm's web site at www.faraci.com
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