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accident-claim-advice.co.uk claims experts have put together a selection of the most frequently asked questions to help you understand the claims process and how we work:
What is "No Win No Fee"* and how does it work?
It really is quite simple. If your claim is successful you can,
in most cases, claim back your Lawyer's bill on top of any compensation.
If and when you win, the other side will pay your Solicitors costs,
and you will receive the full compensation.
If it is "No Win No Fee"* why do I need insurance?
Because if you lose you could be ordered to pay the other side's
defence Lawyers bill and your own disbursements. A suitable insurance
policy will pick up the bill on your behalf if the worst should
happen.
Are their any circumstances in which I may be liable for costs?
If you decide to withdraw your claim or fail to cooperate with your solicitor or provide misleading information to the detriment of your claim you may be billed for charges incurred on your behalf. This will be fully explained by your solicitor at the initial instruction stage
How do I get insurance?
If you don't have existing insurance we can arrange what is known
as an "after the event insurance". This is a one off
stand-alone policy that will cover you for the specific case you
are pursuing. Many people have legal expenses cover as an add-on
to their house or motor insurance. Also some credit card companies
provide legal expenses insurance as part of the service offered
to their customers.
Don't worry though, we will explain all of this in more detail
at the first consultation.
What are disbursements?
These are sums of money that we pay out, on your behalf, to other
service providers whose help is needed in getting a result for
you. Such sums of money include fees paid to doctors and other
experts for providing reports to help prove your claim and to
barristers who may be called in to advise on specific areas of
law or to represent you in court.
If I win how much will I get?
This is an impossible question to answer without firstly investigating the medical position. When assessing the value of a claim the court considers the following broad categories;
a. General damages. This is the part that CANNOT be worked out using a calculator. It is a lump sum, which the court will award for the pain, suffering and general effect the injury has had on your quality of life.
b. Special damages. These are to reimburse specific sums of money that you have lost as a result of your accident. These can include loss of earnings, medical expenses, travel costs and damage to property.
What happens if I lose my case?
If you lose we will waive any charges if you have a No Win No
Fee contract. You may be ordered to pay both the other sides costs
and your own disbursements but these can be covered by the insurance.
We will organise everything in such a way that ensures you don't
need to pay anything win or lose.
Will I have to attend court?
Probably not as the vast majority of cases never reach trial.
If your case is one of the few that cannot be settled out of court
we will make sure you are fully prepared for the trial and will
ensure that an experienced barrister is there to represent you
on the day.
Can any case be dealt with on a No Win No Fee contract?
No, in order to be suitable for No Win No Fee it must be the type of case where the other side will liable to pay your Lawyers bill on top of your compensation. Most cases are suitable but the following types are not:
a. Cases where the value of you injury is less than £1000.
b. Claims made to the Criminal Injuries Compensation Authority.
c. Claims against untraced motorists
In the above types of case you would have to pay
your Lawyer out of your compensation. We will deal with CICA cases
by agreeing to take a percentage of your award if you are successful.
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