You may have heard of the term no win no fee but do you know what it might mean for you and what types of accidents may be covered by such an agreement?
The no win no agreement or conditional fee agreement came into use in the mid 1990s when the majority of public finding or legal aid for personal injury claims was abolished. In some instances legal assistance is still available but the vast majority of claims are now dealt with a no win no fee basis.
The no win no fee agreement is between you and a solicitor and covers you for your legal costs in the event of your losing your claim. In the event of a “win” your solicitor receives his costs from your opponent together with a success fee. As your solicitor is effectively taking on the risks of your case, he will obviously want to ensure that the circumstances giving rise to your accident will lead to a successful claim for compensation.
So, what are the main accident types and injuries dealt with under a no win no fee agreement?
These are one of the most common reasons why claims are made. There are nearly half a million car accidents every year and a proportion of those lead to injuries and potential claims for compensation. In every case it is necessary to prove that the other party was responsible for your accident and in some cases for example where your car has been hit in the rear, liability is easily proven whereas in others for example accidents at traffic lights, it may be more difficult to prove. The most common types of injuries are those to the neck and back (whiplash), but there can be more serious injuries like fractures and punctured lungs and fatal accidents. Whilst your first instinct will be to make a recovery, you may wish to make a claim for the injury and any associated losses like earnings, medication, and care rendered by your family and in the more serious cases, modifications to your house and nursing aids.
Public/ Occupiers Liability Accidents
Every organisation and indeed every householder owes a duty of care towards any member of the public who is a visitor to their premises or in any public areas such as roads and pavements and car parks. A householder owes similar duties to any lawful visitors to their house or garden. If anyone is injured in a way that can be shown to be as a direct result of negligence on the part of the householder or organisation then compensation may follow.
Public liability claims often stem from slipping and tripping accidents on pavements or in public buildings. Tripping on a pavement is a common claim as is slipping on foodstuffs and liquids in supermarkets and if it can be shown that there was no systems in place to avoid that type of accident then compensation may be awarded. Injuries can vary from the relatively sprains and strains to fractures and brain injuries.
In a recent case, an events management company was in breach of its duty to a visitor who suffered leg injuries when falling over a plastic icicle during a visit to Santa’s grotto. Whilst the company could show it had a system for checking the floor, it had failed to properly check on this occasion and was therefore found responsible.
Accidents at work
Employers have responsibilities under the Health and Safety At Work Act, similar statutes and under the general law. They owe a duty of care for the safety of their employees and can face a claim for compensation should they fail in those duties.
Slips and falls are common workplace accidents as are those arising from faulty or inadequately maintained machinery. Working at height is a particularly fertile area of accidents with falls from insecure scaffolding and injuries from falling materials both being major culprits.
Anyone injured at work may be able to pursue a claim if they can show that their injury is as a direct result of their employer’s negligence. Failure to carry out risk assessments or inadequate training of your or your colleagues can lead to claims. It is important to ensure that if you are involved in an accident you should complete an accident report form at the earliest opportunity.
The law requires the employer to ensure that the workplace is reasonably safe, it does not require perfection and some accidents are that, purely accidental whereas others are clearly the responsibility of the employer.
Any type of accident needs to be carefully explored by a specialist solicitor to ensure that the claim has a chance of success. First4Lawyers retain a specialist panel able to advise and pursue a claim on a no win no fee basis and you should contact them today.
Start Your Claim
First4Lawyers retain a specialist panel of experienced no win no fee solicitors. To find out if you can make a no win no fee claim, call us now on 0800 567 7866 or request a call back for free advice. If you wish to leave more details about your claim, then fill out our Online Claim Form and one of our specialist advisors will telephone you without obligation to discuss your claim further.