Is My Injury Applicable For A Personal Injury Claim

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By Jane O'Shea

Since the introduction of Conditional Fee Agreements in 1995, UK residents have been able to make claims for personal injury under a No Win No Fee contact, making claiming compensation they rightfully deserve more accessible for those who have suffered. But who can claim and how does No Win No Fee work?

Many people incorrectly view personal injury claims as a sweepstake, but you should not undertake making a claim without some careful consideration. Claims should only be made in cases where the accident has caused substantial suffering and/or financial loss, meaning cases of near misses or injuries that are almost inconsequential and heal quickly are very unlikely to lead to a successful claim, even if you can get a solicitor to take them on.

It is also worth noting that even with the most highly recommend, expensive solicitor, the fact you have an injury does not equal a successful claim, as other factors must be proved, such as who was a fault and medical evidence needs to be shown.

Also important to note is the fact that any compensation you receive isn't related to how much the opposition can pay or what the court think is appropriate, but is instead based on the suffering you have experienced and the loss of earnings you have incurred as a result.

However if you do have a valid claim, then the No Win No Fee contract allows you to receive what you deserve after what is often a traumatic experience. When someone who has suffered an injury makes a claim, there should be no charge to them, whether they win or lose.

If the claim is successful then all costs are paid by the other party, meaning the injured party usually receives their full compensation and the guilty party pays the legal fees to your solicitor on top of it. If the claim is unsuccessful then the legal fees will be paid under the No Win No Fee agreement- probably though a legal insurance policy, depending on the specific solicitors' standard practice.

So if your claim fits the criteria above, then the best advice would be to get in touch with a reputable specialist legal firm and see if you have a strong case for a No Win No Fee claim.

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