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You may think you know what no win no fee means as we hear the term a lot nowadays – whether it be on a television advert, radio advert, or from marketing people stopping you on the street asking whether you have had a slip or trip. The term ‘no win no fee’ may sound fairly simplistic and ‘does what it says on the tin’; but behind this term there may be risks to you. This is why at The Injury Lawyers we like to write these blogs in order to inform and help you make an educated decision as to which law firm is right for you to instruct.
When you instruct a solicitor to take your case on a no win no fee basis they may want you to agree to a no win no fee agreement otherwise known as a Conditional Fee Agreement. These agreements, depending on the solicitor, may be fairly lengthy documents containing a lot of small print; therefore it may be a temptation to simply trust your solicitor and not fully read the document. I must stress how bad this is – whatever the document, you should always read it through thoroughly before agreeing to it.
At The Injury lawyers we are always surprised by some of the agreements which clients who have transferred to us from another firm have agreed to. Some agreements place the client at a high risk of having to pay solicitors costs. When I say costs, this means the cost of the time the solicitor has spent on your claim – this can run into thousands of pounds.
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Road Traffic Accidents – the motorway
Motorways – some people love motorway driving, whilst others avoid it at all costs. People may enjoy motorway driving as it gets you where you want to be quicker, whilst (mostly) avoiding traffic and traffic lights. Others may dread motorway driving as it needs a certain level of heightened skill, confidence, and concentration – with travelling at such high speeds you cannot afford to lose concentration for a second, and this can make many people nervous of it. I personally used to always set the sat nav to ‘avoid motorways’ however currently driving to work I cannot go by any other route (that will not take me hours). Due to this I have gained experience in motorway driving and have come to enjoy it. Whatever your feelings on the motorway, it would be the last thought on your mind that you would have an accident that was not your fault.
If you have had an accident on the motorway and it was not your fault then you may have a claim for compensation. Accidents on the motorway can be due to people not maintaining the necessary care and attention which is needed even more so for this type of driving. Accidents on a motorway can occur for a number of reasons as listed below, I have listed two of the main ones below:
Not leaving space: Many accidents occur on the motorway as cars are simply driving too closely together. Going at such high speeds, if/when there is a queue ahead or someone breaks suddenly there is no time to stop before hitting the car in front. Accidents such as these have a heightened occurrence at motorway junctions where, at times of peak traffic, queues can back up and cause collisions. Some motorways have the chevron markings on the road and advise to cars to keep a certain number of chevrons distance from the car in front. If you are hit from behind whilst on the motorway, or any road, the chance, you are pretty much guaranteed a successful claim.
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Compensation Culture? We Think Not…
Apparently we are all making claims for compensation. As soon as the slightest thing happens to us we want to be compensated. In fact, the situation has got so bad that no-one dare let us do anything now in case we get the smallest of ‘injuries’ and put in a claim. Worse still, apparently people are getting compensation without having to prove any wrong-doing on the other sides’ part or with the flimsiest of evidence. And this is all because lawyers keep telling us to make claims on a ‘No Win No Fee’ basis. Well, that is what the media would have us believe at least. So are we gripped in a ‘compensation culture’ that is worsening the society we live in?
I would say definitely not. You simply cannot be compensated unless you have a real injury, and this was caused by someone else’s negligence. Certainly, if you are making a claim for compensation owing to a personal injury, you will need evidence, such as a medical report, to support your injury. And even then, you (well, your lawyers) will need to demonstrate that you were injured because of someone else’s negligent action(s).
And further, what would a lawyer get from taking on a claim that will never succeed on a ‘No Win, No Fee’ basis? If you do not win your claim they do not get paid. And how is a lawyer going to get paid for winning your case, if your injury is not real and you and was not caused by the fault of a negligent third party? Here at The Injury Lawyers we work on a Genuine No Win, No Fee which means that we never charge you – ever! That means there would be absolutely nothing in it for us at all to take on a claim that has no chance of succeeding. We would therefore never encourage this.
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At The Injury Lawyers we often get asked whether a child is able to make a claim for compensation. We have therefore prepared this short guide to hopefully answer all your questions regarding claims for compensation which involve children.
Who constitutes a child?
Legally speaking, a child, or a ‘minor’, is a person under the age of 18.
Can a child bring a claim on their own accord for a personal injury they have suffered?
As with any accident, a person must make a claim for compensation within three years of the date of the accident. A child under the age of 18 however cannot make a claim for compensation by themselves. As such, where a child is injured through no fault of their own, they are able to make a claim for compensation up until their 21st birthday. However, as we at The Injury Lawyers are well aware, many people wish to make a claim for their child sooner; after all, events are fresh in their minds and it would make sense to get the situation dealt with as soon as possible. In this situation a child is able to make a claim for compensation through a ‘litigation friend’; in other words, a responsible adult who can act on the child’s behalf. In most cases this will be the child’s parent or guardian. Equally though it could be some other trusted adult.
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Repetitive Strain Injury (RSI) , which can also be known Work Related Upper Limb Disorder (WRULD) is a general, umbrella term which relates to the pain suffered from the overuse and repetitive use of muscles, tendons and nerves. It is reported that 1 worker out of 50 in the UK has reported an RSI injury. It is workers whose careers involve the use of computers or some sort of manual work who are most likely to suffer from a RSI.
There are two types of RSI – Type 1 and Type 2. Type 1 is where the doctor can diagnose a recognised medical condition, such as Carpal Tunnel Syndrome, as there is usually some kind of swelling or inflammation. With Type 2, the doctor is unable to diagnose a medical condition as there is no obvious swelling but the sufferer is reporting pain in the affected area. Symptoms can vary but can include cramping, swelling, pain, or tenderness in muscles or joints, throbbing and/ or tingling and numbness.
Employers in the UK are under a legal obligation to prevent incidents of RSI wherever reasonably possible; this is through the Safety Act of 1974 and the Safety at Work Regulations 1999. If you think you are suffering from an RSI as a result of your occupation, then you may have a claim for compensation. A particular RSI case comes to mind whereby an RAF data input clerk aged in her 20’s sued the Ministry of Defence for her RSI injury which stemmed from her occupation. The clerk suffered the RSI in her thumb and was unable to continue full time work in her current employment – the clerk received £434,000 in compensation for her injury.
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Claiming for Compensation: Slips and Trips.
A lot of people are concerned and confused when it comes to thinking about making a claim – particularly in accidents involving slips and trips. I suppose the reason is that many people simply aren’t sure whether they can make a claim after being involved in a slip or trip accident. Furthermore, people genuinely feel a little “silly” about making a claim for such a seemingly “small” accident.
It’s better to approach the entire situation in a different way: your slip / trip accident is not in any way “silly” or “small” – particularly if you have been seriously hurt. At the end of the day, if you have been injured due to someone else’s negligence, you have a claim for compensation.
Any shop, restaurant, cafe, bar, club, pub, museum – any premises which you are allowed to freely access – involves a duty of care owed to you by the owners of the place you are in. The premises must be safe to use, and no hazards should be allowed to develop and endanger anyone in the area. It’s an obvious and sensible piece of legislation – without this important duty of care in place, no one would be responsible for preventing anyone from coming to harm.
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Now, you may think – what does the above title mean when it says ‘losses’. Well, for any personal injury claim there is compensation amount that can be awarded for your injury, and there is a separate claim for your losses. These losses are applied for separately to your injury compensation and are compiled in a Schedule of Loss. It is important that from the outset after your accident that you keep any receipts for costs that have been incurred as a result of your accident. This helps to support and evidence any losses claimed for a potential personal injury claim.
The items of loss which can be included in this Schedule of Loss I have listed below:
- Loss of Earnings – this can be one of the most important items in a claimant’s schedule. If you are employed/self -employed and have had time off work due to your accident then you may be entitled to claim for this item of loss. If you are an employed person then a solicitor would usually ask for 13 weeks of pay slips prior to the accident. Your loss of earning is then calculated at an average of these wage slips. If you are self – employed, a solicitor would usually ask you for 3 years profit and loss accounts and calculate the average this way.
There are many questions you might ask when it comes to making a claim for compensation:
- Do I have a claim?
- How much am I entitled to claim for?
- When should I make the claim?
- Who should I instruct to deal with my claim?
There can be many more questions as well – it’s a confusing time after an accident to know exactly what to do. So, here’s a little advice that may just help you out!
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Being involved in an accident that was not your fault is a trying time for anyone. It can be confusing just thinking about which lawyer you should instruct, what happens next, how much you can claim for etc. There are so many questions, and so many different answers. So here’s a guide on what to do and what you need so you know what course of action to take.
What to Do
If you have been involved in an accident that wasn’t your fault, there are two things you need to do right from the start.
Step 1: at the scene of the accident, exchange details with all relevant parties involved:
- Road Accidents: exchange names, addresses, telephone numbers, vehicle details (reg, make, model, colour), and insurance information with any other vehicles involved in the accident, and any witnesses to the accident. If your injuries are debilitating enough to prevent you from this, the police should always be called.
- Accident at Work: if you need help, shout for colleagues for assistance, and ensure your supervisor or manager is called to attend. If you are able to do so, ensure the accident is recorded in an accident book, and you note the names of any colleagues that may have seen what has happened.
- In / On Premises (Shops, bar, restaurant, etc): again, if you need help, call for it. Ensure you speak to a manager or person in a position of authority within the premises to ensure your accident is recorded – get a copy of whatever they record as well. If there were witnesses, make sure you get their information.
- On the Street (Council Claims): again, if you need help, call for it. You can also take the details of any bystanders that may have witnessed your accident, and taking photographs of the general area and whatever caused your accident is an essential thing to do. If you are unable to take any photos there and then, make sure you return to the scene as soon as you can to take some.
Legal Expense Insurance / Legal Protection – The Sorry Truth
If there’s one thing we love here at The Injury Lawyers, it’s making sure accident victims get access to the maximum compensation they are entitled to claim for with the minimum of hassle and fuss for the claimant. Claiming for compensation is a common part of everyday life now – unfortunately, there are those out there ready and willing to profit from your claim in the wrong way – and this, we do not like.
Sure – we are a business. At the end of the day, we do turn a profit. But we always promise to go the extra mile with our clients by updating them far more frequently than most other firms, and spending more on our cases for a better outcome. So, who am I talking about?
Insurance Companies
If you’re a driver, check your motor insurance policy to see if you have the “benefit” of Legal Expense Insurance or “Legal Protection.” This is an extra on your policy which is normally either provided out of courtesy, or for a small annual fee. Your insurers will tell you that you are fully covered if you have an accident. Sounds great, right?
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