No Win No Fee : Power Questions

noreply@blogger.com (Anonymous) — Mon, 04 Jan 2010 18:51:00 +0000

Nonetheless it's a popular term used by personal injury solicitors. There are advertisements all over the place, online and offline by solicitors and claim management companies. "If you lose, we won't charge you a penny" and many of the likes. But do you understand what it means...

A solicitor will mention he or she will work on a no win no fee basis. In an instant you'll think, 'if the solicitor loses, I don't pay anything', which is correct. But what happens if the solicitor wins?

That's right, there's a fee to pay. Not many people grasp this... they only think if they lose they don't need to pay. Majority of people think it's a free service. It's true... to a certain extent.

If the solicitor wins and you receive your final settlement, have they ever happen to mention, 'by the way I've won your case, my fees are £XXXX!' They've won, haven't they and you've received your cheque, but what about the fees?

What happens behind the scenes...

This is what happens but I must point out it doesn't apply to all solicitor firms. It all in the paperwork, some refer to it as the 'small print'. When a client wins, the fees are received from the 3rd party, who you are claiming against. But there are conditional clauses where you might even have to pay for their fees additionally if they are not recovered. Solicitors don't work for free, they also have a family to feed and a legal firm to run.

So what's the catch?

Solicitors have a CFA (conditional fee agreement), which states obligations to be carried out by both yourself and the solicitor. There are also other agreements such as insurance policies, medical consent forms, authority forms and loan agreements.

Your final settlement cheque depends on what forms you sign. So before you go ahead and start signing papers with any solicitor firm, ask them specific questions.

• Will I get 100% of my compensation?

• Will you charge me any fees, if so, why and how?

• What's a Conditional Fee Agreement for?

• Why is there an insurance policy for my claim and will it be deducted from my settlement cheque?

• Why do I need sign a loan agreement?

These are 'power' questions you need to ask to be on the safe side rather than questions like:

• How much will I get in compensation?

• How long will my case take?

• Is there any way to speed up the process so that I can get the settlement cheque quicker?

These are NOT questions in terms of the solicitor helping you. These are money related questions and not really helpful in the initial stages of a personal injury case. It's true that the final result is about the money, but not at this moment.

By asking 'power' questions, it won't have a burden on you once your claim is settled. Communicating with the 'right' no win no fee solicitor helps tremendously especially if you want the maximum final results. They are working with you, not against you. So get these issues out of the way before you sign any papers or you could end up in shock! It's easy to claim compensation without receiving any final moments of 'shock'. It's a new era in no win no fee claims; ask power questions and you'll be laughing to the bank.

No Win No Fee - Dos and Don'ts For Making a No Win No Fee Claim

noreply@blogger.com (Anonymous) — Sun, 27 Dec 2009 11:06:00 +0000

The no win no fee claims system helps people all over the UK to gain access to justice following injuries which were not their fault. If you're looking to gain compensation following an accident or illness, there are a number of steps to take in order to make your claim. Here are the dos and don'ts for making a successful no win no fee claim which gains you the compensation you deserve.

DO: Get advice from a specialist solicitor

There are solicitors all over the country who specialise in no win no fee personal injury cases, and they are trained in every aspect f the compensation claims process. Using the services of one of these no win no fee solicitors to make your claim will give you a far better chance of being successful and in most cases will not cost you a penny in fees and costs.

DON'T: Settle for compensation without speaking to a solicitor

Large companies or organisations wishing to escape the possibility of a large compensation payout or an expensive court case often want to settle for a lower amount of compensation straight away. If this happens before you have spoken to a no win no fee solicitor, it is sensible to seek professional legal advice before accepting the compensation settlement they have offered. You may discover you are entitled to far more and once you have settled for a lower amount it could prove impossible to go back on that decision and ask for more.

DO: Collect evidence immediately

After an accident, you will have a lot of things to think about and it may be difficult to contemplate anything other than the immediate future. Taking notes might seem incongruous in the circumstances, but gathering any relevant evidence connected to the incident, such as the date, the time and the contact details of witnesses, as well as noting down the symptoms of your injuries, could prove invaluable in the long run if you end up claiming for no win no fee compensation.

DON'T: Wait for more than three years before making a claim

No win no fee compensation claims have to be made within three years of the accident which caused the injury. There are exceptions to this rule, such as asbestos-related illnesses like mesothelioma and asbestosis. These cases are different because symptoms may not appear until years after the exposure to asbestos.

DO: Initiate your claim as quickly as possible

Although the cut-off point for most personal injury claims is three years, it's important to remember that the earlier you make your claim, the more likely you are to succeed in gaining compensation, because soon after the accident the evidence will still be fresh and circumstances surrounding the incident more verifiable. Also, the no win no fee compensation claims process can be lengthy, so in order to help with your loss of earnings and recuperation costs you will want to gain your compensation as soon as possible by making the claim straight away.

DON'T: Worry about fees and expenses

No win no fee means that if you don't win your case, you won't have to pay a penny in fees and expenses. Even if you win, you will almost always be able to claim all of your compensation, the solicitor's fees and expenses being recovered by the other side.