Types of Claims
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No win No fee
What is No-Win-No-Fee?
No Win No Fee is also called Conditional Fee Agreement (CFA). This is an agreement between the client and lawyer which means that the client doesn’t have to pay their fee if they don’t win the case. This also means that the client doesn’t have to pay any costs upfront. Any fee will be paid only if you win the compensation and that too from the compensation amount which can’t exceed more than 25% of the amount generally.
What is Legal aid?
Legal aid has been replaced by the No Win No Fee agreement since the year 2000. Legal aid is capitalized by the government which helps people to pay for legal costs so that they can get a fair hearing. Even though this is no longer possible for personal injury cases, it can be used for other legal cases such as medical carelessness involving children.
To be able to receive legal aid, you have to prove that you can’t manage to pay for legal representation on your own.
How does No-Win-No-Fee work?
When you make a personal injury claim, most lawyers will help you make your claim on a No Win No Fee basis. There are some rare deviations to this, but if this applies to your case, they’ll let you know before starting your claim and will talk you through the other options available.
No Win No Fee lawyers will be able to handle most of the claim on your behalf, leaving you with the time to concentrate on recovering from your injury. They’ll keep inform you and update you with any progress and will be on-hand to give you help and advice if you need it.
I can make a No-Win-No-Fee claim for:-
Many types of personal injury claims can be made on a No Win No Fee basis. The main need is that someone has to be at fault for your injury, regardless of whether it happened whilst you were at work or in a public space.
- Accidents at work
- Road Traffic Accidents
- Medical negligence claims
- Slips, trips, and falls
- Serious injury
- Criminal Injuries
How much do I pay my lawyer if I win my case?
If you win your case, your lawyer will take a small percentage fee from the compensation you’re awarded, but this is agreed upon between you before they begin work on your case. In most cases, it will be up to 25% of the money you receive.
There are no hidden fees, the main preference is to make sure you get the money you need for your recovery.
What happens if I lose my case?(No win no fee)
If you don’t win, you won’t need to pay your lawyer. This removes any economic risk to you when making a personal injury claim. They’ll take out i.e. is ATE insurance, which covers your legal fees if you lose your claim. Learn more about ATE insurance
What happens if my case is abandoned?
Some cases are neglected part way through a claim for instance, it may become apparent following expert evidence that the chances of you winning your claim are far lower than first thought. Costs already incurred if your case is dropped and ATE insurance will also cover the legal fees.
Termination fees (No Win No Fee)
If your case doesn’t proceed because you don’t cooperate fully with your solicitor, termination fee may apply:-
Deliberately misleading your lawyer,
Failing to attend a court hearing, or Not going to a medical/expert examination
This fee will be based on time spent on your claim, but you don’t need to worry about it as long as you comply with the things that your lawyer asks you to do.
How to make a No win No Fee claim?
To find out either you could make a No Win No Fee claim, you can speak to our trained legal adviser for free. Generally, it’s likely you could claim if: Your accident happened in the last three years. It was somebody else’s fault Find out more about the compensation claims process. Other available funding options.
Some people have no other funding options to help them make a compensation claim, which is why most injury solicitors take claims on a No Win No Fee basis. However, you might find that you do have other funding options without realizing – for example:
You can check your household insurance policy. You may find legal expenses insurance that will cover some or all of a personal injury claim.
Sometimes there’s an inadequacy in the amount you’ll be covered for, so it’s worth double-checking how much is available. Again, your lawyer can talk you through whether this provides enough cover and, if not, what your options are.
Can I make a claiming on behalf of someone else?(No Win No Fee)
In several cases, the injured person is unable to make a compensation claim because they’re too young; or they might be so seriously injured that they’re mentally incapable of giving instructions and understanding what’s happening.
In these cases, the next of relation or another close relative can claim on their behalf. No Win No Fee is available in exactly the same way as any other injury claims in Scotland.
Your lawyer can talk you through the process of claiming on somebody’s behalf, but in several cases, they’ll need the injured person’s consent to start the process.
What can you do to support your claim?
You must take care of collecting all possible evidence like
• Any photos or CCTV footage of the accident and your injuries
• A police incident report
• Entry in an accident logbook
• Details of witnesses
Your lawyer should have your doctor’s contact details and access to all relevant medical records. Your lawyer will then use all details to assess the right compensation amount.