Wednesday, August 4, 2010

National Accident Helpline - No Win No Fee Specialists

Have you been injured in an accident that wasn’t your fault? If so, we’re here to help
Here at the National Accident Helpline, we understand that getting back on your feet following a personal injury is no easy task. Often you have suffered not just physically, but financially too. This is why we have been working since 1993 to help people like you claim the compensation you need on a no win no fee basis.

What is no win no fee?
The No Win No Fee system was put in place in 1995 to give people access to justice, replacing legal aid. The main aim of no win no fee is to ensure that claimants do not have to pay a fee if they lose their claim which lessens the risk involved when making a claim. However, at the National Accident Helpline we go one step further and ensure that you will always take home 100% of your compensation, because if you win, your solicitors fees will be recovered from the other side on top of any compensation awarded.

How can we help with your no win no fee claim?
At National Accident Helpline we make accident claims simple. We put you in touch with one of our local specialist solicitors who will keep you informed every step of the way and explain the no win no fee process to you.

Each claimant who calls us will have their claim assessed - our team will decide whether they feel you are eligible to make a no win no fee claim. If they decide you are eligible, they can transfer you directly to a personal injury solicitor in your area - you could be talking to a solicitor and starting your claim in minutes!

And the best bit? There are no hidden costs. If you win, you should keep 100% of the compensation. And even if you lose, you will not have to pay a fee.
For more information call our team of friendly advisors or fill out a short claim online form and we will get back to you. It really is that simple.

Sunday, August 1, 2010

No Win No Fee Claims

What does no win no fee actually mean?
Have you just come on to the web after seeing a television advert with huge cheques and big "no risk to you" type slogans? Did you read the small print going across the bottom of the screen? Well, just in case you wanted to make sure before diving head-first into a personal injury lawsuit here is a run down of the commonly used advertising terms for personal injury claims and what they might actually be referring to.

Call now on 0800 177 7293 or Claim Online!

The two most common phrases you'll hear on TV or see in adverts regarding personal injury claims are "no win no fee" and "100% compensation". These are two completely separate concepts and both are not always available depending on your local legal procedures and/or your claim type. 'Don't the adverts say they give every case no win no fee and 100% compensation?' ... Yes, every case they actually take on.
If your case cannot be run on no win no fee, or they cannot offer you a 100% compensation agreement, then they won't take your case to begin with. To save yourself some time when responding to an advert you see on TV or in the Local Newspaper ask the person you are calling upfront whether they actually take on your claim type otherwise you could be handing over all your personal details for no reason. Most adverts will have small print, as do most websites, at the bottom saying which case types they do not accept and/or which ones do not qualify for their offer of no fees or 100% compensation guarantees.
We should all know by now to read the small print of every agreement that is placed under our noses. All we get from the salesman when we agree to buy something is 'great, just sign here' ... not 'great, now let me go over the terms and conditions with you' - which is how it should be. Generally, solicitors will always make you aware of the terms and conditions of their arrangement with you.
This is because they have a lot to lose should you argue with the terms and conditions later. Unfortunately many claims handlers or middle-men, whether third party or directly employed by a solicitors firm, are not always as forthcoming with the intricate details as they need you to sign the dotted line before they will get paid.

When can I make a No Win No Fee Claim
Depending on the type of case, the amount of money and even where you live in the UK the solicitor may get you to enter in to a 'conditional fee arrangement' or require you to purchase an insurance policy to cover legal costs should you lose. 'Conditional fee arrangements' can take up to 30% of your compensation and legal insurance policies range from £200-£900 and are sometimes payable upfront.
This sounds scary but most of these after-the-event legal insurance polices are 'self-underwritten' which means that if the case loses you will not have to pay the cost of the insurance policy either. In either case though, the statement of no win, no fees is accurate as the final state of affairs will be that if the solicitor does not win your case then you DO NO HAVE TO PAY ANYTHING.
The phrase 'no win, no fee' is generally associated with the notion that if you lose you don't have to pay a penny and if you win you will receive 100% of your compensation. The first part of that statement is true but agreements such as a conditional fee arrangement may release you from all liability to pay any money should the case lose, but it will require you to pay an amount should the case win. The phrases 'no win, no fee' and 'receive 100% of your compensation' do not mean the same thing.
Check with the person who is taking the details of your compensation claim that there will be nothing to pay if you lose AND nothing to pay if you win.

All of the solicitors in England and Wales should offer you the option of no win no fee AND 100% of your compensation. Exceptions to this may be Criminal Injury cases and Medical Negligence cases, there are still many firms unwilling to run such claim types without payment from the client. Also, in Scotland the solicitor will require you to enter into a conditional fee arrangement on many case types. This will still entitle them to use the no win, no fee slogan but you will not receive 100% of your compensation. This is how the Scottish legal system works and there is no way around it. There are very few situations where you will not receive 100% of your compensation as a matter of course, but if you ask the solicitor and he says that you will receive 100%, then you'd better receive 100%.

All in all it is fully recommended that you speak to the solicitor who will actually be running your case and ask in no uncertain terms whether there will be any money upfront and/or requested during the case, if there will be a fee if you lose and/or if there will be a fee if you win. This way there will be no surprises along the way.
If someone shows up at your door screaming 'no win, no fee' and puts an insurance policy in front of you face, ask to speak to a solicitor.

No Win No Fee

Most personal injury solicitors throughout the UK can now deal with personal injury compensation claims on a no win no fee basis. No win no fee agreements are also known as conditional fee agreements.
No win no fee means that if you do not win your personal injury claim, you do not have to pay your solicitors fee.

No win no fee claims have become increasingly common over the past few years since the Government restricted public access to Legal Aid for the majority of accident claims. With a no win no fee claim your potential compensation claim will initially be assessed by a solicitor. During the initial assessment the personal injury solicitor will make an assessment as to the likelihood of the claim being successful.

If the personal injury solicitor thinks your claim is unlikely to be successful, they will not be prepared to take the claim on a no win no fee basis. This is because with a no win no fee claim the solicitor only gets paid if the accident claim is successful.
If the solicitor takes the claim on a no win no fee basis and fails to win, as the name suggests they do not receive a fee.

If a claim is successful on a no win no fee basis, the solicitors fees, along with a bonus or success fee, is paid by the losing party.
Other costs incurred such as court fees and medical report costs are known as disbursements and can also normally be recovered from the losing party.

Our panel of personal injury solicitors all work on a no win, no fee basis. Therefore whether you have had a road traffic accident, an accident at work or a trip on a public footpath, our team of no win no fee solicitors can help you make a personal injury claim. In the vast majority of cases we can also guarantee you keep 100% of the compensation awarded if your compensation claim is successful. Therefore throughout the whole process of making your injury claim, it will not cost you a penny.

Saturday, July 31, 2010

No Win No Fee Service

One way of funding your compensation claim is a “No Win, No Fee” agreement, also known as a “Conditional Fee Agreement”.

You and your solicitor agree that you will only have to pay your solicitor’s fees if you win your case. If you win your case, you should receive 100% compensation and in addition your costs of the claim will usually be recovered from the other side – so it’s a win:win situation for you. There are very few exceptions to this but your solicitor will explain this to you before you start your claim. Your solicitor may also purchase an after the event insurance policy on your behalf to cover your disbursements (e.g. the cost of obtaining medical reports etc.) and the other side’s legal costs should you lose your claim.

Who pays the lawyer’s costs?
Most people who consider making an accident compensation claim will be worried about how much it will cost to pay their legal fees and what will happen if they lose. Everyone knows that legal costs can be high, so it is very important you find the funding method for your claim that best suits your circumstances. Whatever you choose, your funding method must adequately protect you against the costs which could arise from a claim.
The general rule is that if you win your case, your legal costs of the claim will usually be recovered from the losing party, along with the agreed compensation for your injuries. The losing party should pay all your solicitor’s normal fees, their “success fee” and your expenses, including the insurance premium. If you lose your compensation claim, then under a “No Win No Fee” agreement you will not have to pay your solicitor’s costs.

How do I know if I am eligible for a No Win No Fee claim?
Your solicitor will usually arrange an initial meeting with you to assess the strength of your claim and discuss the options available to you to fund your compensation claim. Only when they have made this assessment will they decide if it is appropriate to offer you a “No Win No Fee” agreement. Your solicitor will explain all the details of this agreement to you in full before you begin your compensation claim. You should note that cases are only taken on a "No Win, No Fee" basis, if they are likely to be successful.

You can be assured that any solicitor you choose through our service will not ask you to ever enter into a loan agreement to fund your claim.
How much will it cost me?
Under a “No Win No Fee” agreement you will only be responsible for your solicitor's costs if you win your case, although these costs of the claim will usually be recovered from the losing party. However, such an agreement does not usually mean that you will not have to pay anything, and therefore an “ATE” policy (after-the-event policy) is usually taken out on your behalf by you solicitor. This is to cover the risk of having to pay the other side’s legal costs if you lose your case and disbursements that incur as your case proceeds - such as court fees, medical report fees and police accident report fees.
The ATE premium is not payable until the end of the case (deferred premium) and the premium is not payable if you lose your case. If you win your case, the ATE premium is recoverable from the losing party as an expense. Your solicitor will be able to advise you fully about this before you begin your compensation claim.
What are the other methods of funding your claim?
Other than “No Win No Fee” agreements, there maybe other options available to fund your claim. Looking at them briefly:
• Legal Expenses Insurance - Legal expenses insurance, also known as before-the-event insurance, is usually sold with other insurance. You may be unaware that you have this type of insurance because it is often included free or as an add on to your: a) House insurance; b) Motor insurance; c) AA cover; d) RAC cover; e) Travel insurance; f) Bank accounts; g) Credit cards; h) Pet Insurance.
If you have this kind of insurance to cover your legal costs, you may not need a ‘no win, no fee’ agreement.


What is covered under this type of insurance?
The cover provided by this type of insurance varies but it will often pay for your solicitor's fees and expenses, any costs for expert witnesses, court fees and your opponent's legal costs.
Can I choose my own solicitor?
Most policies say you can choose your own solicitor, but only if legal proceedings have already started. At any earlier stage the insurance company can refuse your choice of solicitor without giving any reason. Your solicitor will advise you how to persuade the insurance company to let you use the policy and choose who will act for you. If it refuses, your solicitor may still be able to act for you under a “No Win No Fee” agreement.
How do I find out if my accident claim is covered by a policy?
The first step is to remember who your insurer was at the time the injury occurred - this may be different from your present insurer. Don’t forget to check all your insurance policies as you may be covered on one rather than another.

Your policy schedule should indicate if Legal Expenses Insurance is available. If you are in any doubt as to whether you are covered, simply ring up your insurers and ask. Alternatively, you could show the policy schedule to your solicitor, who will be able to advise you.
• Legal Aid - Legal Aid is generally no longer available in personal injury cases except for medical negligence claims. However, Legal Aid may be available for matters where the legal costs are likely to exceed £20,000 or where the costs of investigating a case would be at least £3,000. Every case is individual and your solicitor will be able to advise you.
• Trade Union - If you belong to a trade union and have had an accident at work, then you may be entitled to receive free access to legal advice as part of your membership. If this is the case then, provided you have paid your membership fees, you should receive the full financial support of your union.
• Private Funding - If you choose to fund your case privately i.e. by paying out of your own pocket, or have no other alternative, then you must be aware that you will be fully liable for all your solicitor’s costs and disbursements.
You will be charged an hourly rate which will depend upon the experience of your solicitor. Rates often start at £95.00 per hour and can rise substantially. VAT is also paid on legal fees – that adds another 17.5% to your bill. You can agree with your solicitor to not carry out work beyond a certain amount of money without your prior authority.
However, if you win your claim and receive damages in excess of £1,000 then your solicitor will recover your reasonable legal costs from the losing party.
Your solicitor will be able to advise you fully about this before you begin your compensation claim.
What “damages” are recoverable?
Any solicitor you instruct from our panel will aim to get you the maximum compensation.

You can claim “General Damages” for your injuries, the ‘pain and suffering’ you have sustained as a result of the accident and for the ‘loss of enjoyment of life’ by, for example, not being able to pursue your hobbies.

You may also be able be entitled to claim “Special Damages” for lost earnings, potential loss of future earnings and for any expenses which are necessary to aid your recovery such as prescription costs, nursing care and rehabilitation costs.
Once you have started your claim, your solicitor will be able to give you a more realistic estimate of how much compensation you are likely to receive.

Friday, July 30, 2010

No Win No Fee Claims - What Are Your Choices?

Every day thousands of people suffer accidents that are not their fault. Only a very small percentage of these unfortunate people end up getting the compensation they are entitled to.

One reason that the vast majority of these people never get what they deserve is because they themselves do not pursue legal action.
The legal process can often be a long, stressful and drawn out process, and people know this. This alone is often enough to discourage people from seeking legal action, even if they are convinced that they have suffered because of someone else's mistake. The deciding factor for most people however, is the perceived cost of proceedings.

About half way through the 1990s a policy of no win, no fee claims were introduced by many legal firms and claims services.
The no win no fee claims policy meant that a client could commission the services of a legal professional safe in the knowledge that if they were to lose the case then they would not be landed with a huge bill.

The no win no fee claims system meant that many people who before would not have considered making a legal claim were able to do so. Even if they won, they were still able to take home 100% of the compensation as legal firms were able to reclaim their fees from the insurance of those you are claiming against.

These days, for people who have suffered an accident that was not their fault, the biggest decision is not whether or not to seek legal advice but where to seek it. The choice those seeking legal advice face is, firstly, between a claims service and a law firm. Though the difference between these options may seem trivial, it will actually make a big difference to your experience of the claims procedure.

A no win no fee claims service is often a company which specializes in dealing with these specific accident cases. What they tend to do is act as a 'middle man' between you and the company who will then represent your case in court. Though many people have very positive experiences through these companies, they can be impersonal and misleading.

By far the best option is to use a well established law firm to represent you. These firms should not cost you any more than a claims service as they still have a no win, no fee claims procedure. What makes the difference is the level of service that you will receive.
If you choose a local legal firm then you will get a personal service from a company who has a reputation to uphold.
It will also mean that you get far more face to face contact with your representative rather than just speaking on the phone. There are thousands of companies that deal with no win no fee claims.

It is mistake however to think that they can all represent you in the same way. If your claim is to be successful you need to use someone who is both competent and trustworthy.

Wednesday, July 28, 2010

No Win No Fee

No Win No Fee and Power Questions?

Maybe some of you have heard of the no win no fee term and know what it’s supposed to mean. For those of you who don’t, I’m going to give a definition.
The no win no fee arrangement is the one in which you don't pay anything ever! So, in other words, if you want to file an injury claim or get an accident at work compensation, etc. and you hire a lawyer that doesn’t win your case, you don’t pay him anything.

So this is a piece of very good news. Let me explain to you why.
The no win no fee arrangement (or the conditional fee arrangement, how it’s technically called) gives the opportunity to claim for people who could not have afforded it otherwise.
From what I’ve told you, you can draw the conclusion that your opponent pays your solicitor if your case is a winner. Yes, that’s true. If your case isn’t won then you don't pay anything. So my advice here is simple: request for a compensation claim when you know you are not at fault. I mean, if you’ve been involved in a work accident or a road accident that you are positive it wasn’t your fault then claim for your compensation. If you are not that sure your appointed lawyer will assess your case and will let you know.

NO WIN NO FEE
So, which are the situations that can make you eligible for requesting a compensation claim under a no win no fee arrangement? You can easily find a solicitor who works on this basis if you’ve suffered one of the following: an accident at work, a road accident, an injury caused by a mistake in your medical treatment or an accident suffered in a public place. So, when claiming there can be 2 outcomes: you win or you lose.

YOU WIN
Your experienced solicitor will get you maximum amount of compensation, that's his job. As I explained earlier, if your lawyer takes on your compensation claim case and he succeeds you get your rightful compensation, that is 100% of the compensation money. You might be thinking 'who's going to pay my lawyers fees?' the answer to this question is simple. The party you are claiming against pays your solicitors fees because why should you pay for something that wasn't your fault?

YOU LOSE
It's not impossible, it can happen. Your lawyer will analyse your case before he takes it on board. In the possibility of him not succeeding you walk away empty handed and you pay nothing ever!
So, as always, there are 2 sides to every story.
The term “no win no fee” is straightforward as it sounds. Working along side the no win no fee arrangement basically helps people and you have nothing to lose.

No one can 100% guarantee you that they’ll win your case, even if all the evidence is in your favour. Your solicitor will do everything in his power to win your case because he’ll want to get his fee. There’s no doubt about that.
But sometimes he may do everything humanly possible and still lose. Don't worry as you will have that no win no fee arrangement with your solicitor.