If you have been hurt in an accident in which it was not your fault, you are going to be considering talking to a lawyer about compensation. . Whatever the circumstances the most common reason for making claim is “negligence”. There is a time limit of three years from when the claimant first lodges the incident as an accident.
In many cases legal aid is unavailable to individuals who wish to claim compensation for a personal injury which results from an accident. An added deterrent is that there are huge up front legal fees which will not be returned if the case is lost. This situation has resulted in a UK wide “conditional fee” or “no win no fee” industry and accident lawyer in West Yorkshire is no exception.
At their simplest these agreements mean that if a lawyer takes the case, then you will not be liable for the legal expenses if the case is lost. If you win, you will pay the lawyer out of the compensation. The point is that either way, you as the claimant will end up paying something and the amount can be much higher than you are prepared for.
If you lose, then you are liable for all legal costs. With this in mind a claimant is advised to take out an “after the event” insurance policy. Most lawyers will require this before they start to work on your case. In addition if the insurer is not confident of a victory, they may not grant cover. Should you be in this position, you will clearly need to take stock of the overall situation. Even if the cover is granted the premium will be high and non-refundable if you lose. However, it is likely that the lawyer will not take the accident claim if they think the case is not going to win.
If an individual does lose their case they are not liable for basic legal fees, if you win the opposition pays them. The most important point is that a claimant must be aware that the success fee (i.e. what you pay the lawyer if you win), is very high and this crux. You must assess this amount next to the likely compensation and either drop the idea completely or find a lower cost solicitor.
For further information visit the Chambers Solicitors Advice Guide to Personal Injury and Negligence.
