Creating a no-win no fee injuries claim
By: Claire Barker | Posted: 23rd June 2011
In the UK the legal system for the past ten years has gone through a significant change with a significant range of reforms being introduced. Probably the most significant reforms to take place involves the arrival of the no-win no fee compensation procedure.
To make a claim for personal injury prior to the year 2000, you would have to either obtain legal aid that was very difficult or instruct a solicitor and pay the legal costs up to the point of settlement. This meant that the complete process been very costly for many individuals and many people gave up the chance to claim.
With the introduction of the access to justice reforms in 1999, more accident victims were able to make use of the new no win no claim plans. In very simple terms, once these reforms were launched a solicitor specialising in accidental injury work could give you a no-win no fee arrangements to a client rather than developing payment of legal fees upfront or on a piecemeal basis. What this meant for the individual is that he or she could have the confidence to begin a claim for personal injury compensation knowing that if the case was successful the legal fees would be recovered by the solicitor (and paid in full by the liable party) but most importantly if the case failed the solicitor would accept to be in charge.
In realising that the solicitor will be taking a huge risk in seeking a claim with no promise of payment of any legal fee, the no-win no fee system allowed the solicitor to secure what became known as the success fee. The success fee could be anything from 10% to 100% of net-based costs. This acted as a substantial incentive for solicitors in taking a case on since it showed a substantial bonus that could be claimed by the end of the matter.
No-win no fee claims are now a consolidated part of the English and Welsh legal system and the method has allowed thousands of accident sufferers to take claims which they would otherwise probably have foregone. No-win no fee personal injury claims do bring in much criticism because in the eyes of for instance the insurance industry, they believe that injured parties now have nothing to fear in making a claim. This is obviously a large advantage for the injured party, but from an insurer viewpoint it would be reasonable to say that there has been an explosion in the quantity of claims a lot of which might be considered minor or frivolous.
No-win no fee as a concept is here to remain but during 2011 - 2012 there are likely to be some sweeping changes to the system that will appease the insurance industry as well as other public bodies that have seriously criticised the personal injury market. Nevertheless it will still be feasible for personal injury sufferers to make a claim for compensation as the essential aspects of the legal process will likely be kept.
To get more detailed recommendations on making a personal injury claim speak to your local solicitor who will be very happy to help.About the Author
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Tags: risk, bonus, confidence, realising, solicitors, year 2000, personal injury claims, accidental injury, personal injury compensation, legal aid, accident victims, liable party