More than 2.5 million people in the UK have accidents each year, and very few claim compensation for their injuries. Seeking compensation for pain and suffering is a civil and legal right. The type of accident could be work related, a road traffic accident or a slip in a super market or something more serious like medical negligence. Whatever type of accident, as long as you’re not responsible then you are entitled to compensation. These people that have suffered from injuries due to no fault of their own deserve compensation for their suffering and with UK law the liable party must compensate the injured person for their loss of suffering. The financial loss could be due to loss of earnings or due to damages to their car or any other personal item. In some extreme cases the loss of a job and whole way of life might be lost. Some people may have to adapt their homes to deal with the injury permanently. Also stress depression and anxiety are all illnesses that may not have occurred in the accident had never happened. This is why it is ethically right that people should have the opportunity to claim compensation for their injuries however mild or severe they maybe.
Only about 30% of accident victims seek out a personal injury lawyer and sue for compensation. “Conditional fee agreements” or better known as the “no win no fee” was introduced in 1995 when legal aid was still available for personal injury case. The reason it was introduced was to give the people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor. This “no win no fee” agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.
The term “No win no fee” is misleading and there is widespread misunderstanding of the term. It sounds like there will be no costs if the case is lost. This is not true. The looser pays the winners cost as well as any damages. But there is still a risk of having to pay the other sides cost if the case is lost, also medical reports etc are normally not covered by no win no fee agreements. This needs to be addressed further and made clear to people before they start proceedings. Many companies are putting to much emphasis on getting cases to work on and selling their legal and insurance products. Conditional fee agreements are creating incentives for the legal profession for financial gain. Using the popular “no win no fee” to entice people is misleading and wrong. Many companies are only too each and too quick to let their clients sign the “Conditional fee agreements” without the clients truly understanding all the risks and liabilities they may be exposing themselves too.
There needs to be more emphasis on advising and explaining what the agreement really means. What the real financial risks are and what can be done to prevent these. A system of regulation should be introduced to protect the people and surely is the only way forward.
Positive outcomes can be the lessons learnt from compensation claims. Unfortunately sometimes it takes an accident for employers and the public to realise the dangers in the first place. It is a shame someone has to suffer, but on the whole a lot of people should benefit from this. We all have to take reasonable steps to prevent harm from arising whether we are employers or citizens
Looking for a good personal injury solicitor is a must. A well known company with experience should offer you the best consultation. If the solicitor has never delt with your type of accident or injury claim keep looking for one that has. Good legal firms will offer free advice and consultations.
Accident claims for the UK market contact Accident Consult for your no obligation Accident Consultation services.
Accident Consult Ltd is regulated by the Ministry of Justice and is authorised to undertake regulated
claims management activities under the provisions of the Compensation Act 2006
Further details of the Compensation Act and the work of the Ministry of Justice
can be found at www.claimsregulation.gov.uk.
