An Explanation of “No Win No Fee” Ligament Injury Claims
“No Win, No Fee” ligament injury claims were first introduced by solicitors in the mid-1990s as a means of providing claimants who were ineligible for Legal Aid a route to compensation when they had sustained a ligament injury due to the negligence of some person or persons who owed them a duty of care. As access to Legal Aid was further eroded by subsequent Governments, “No Win, No Fee” ligament injury claims became established as the most popular way of recovering compensation when suffering a ligament injury due to the carelessness of a third party.
If you have sustained a ligament injury in an accident for which you were not to blame, you may be entitled to claim compensation under conditional fee agreements or, as they are more frequently referred to, “No Win, No Fee” ligament injury claims. Under conditional fee agreements, a solicitor will waive the charge for their legal services if they fail to win your “No Win, No Fee” claim for ligament injury compensation; however, as you will see on this page, “No Win, No Fee” ligament injury claims are not always free and do not guarantee that you will receive 100 percent of your compensation.
Eligibility to Make “No Win, No Fee” Ligament injury Claims
In order to be eligible to make “No Win, No Fee” claims for ligament injury compensation, you should already have a strong case. Most “No Win, No Fee” ligament injury claims solicitors will offer legal representation under a conditional fee agreement if your claim for compensation is at least 75 percent likely to be successful. Therefore, if you already have material evidence in support of your ligament injury claim available, you should bring this to the attention of your solicitor when first enquiring about “No Win, No Fee” ligament injury compensation. Depending on the circumstances of your injury, material evidence could consist of:-
- A doctor´s report of your injury and the length of time your recovery may take
- A police report of the accident if your ligament injury was sustained in a traffic accident, or
- A copy of the injury report made in a workplace or shop “Accident Report Book”
- A list of people or work colleagues who saw your accident and would support your claim
- The negligent party´s contact details and those of their insurance provider if known
- Photographic or video evidence taken at the scene of your accident
- Receipts and invoices for any expenses you have incurred which are attributable to your ligament injury
- Details of any ligament injury report made to the Health & Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
If you do not have any of the above material evidence, you should not wait to speak with a solicitor at the first practical opportunity after sustaining a ligament injury in an accident for which you were not to blame. It is not essential that you provide this information straightaway to be eligible to make a “No Win, No Fee” ligament injury compensation claim and your solicitor will understand if you are not in any physical condition to access these details.
Your Potential Liability if you Lose Your Ligament Injury Claim
“No Win, No Fee” ligament injury claims are not necessarily free of financial liability should you lose your claim: for although a solicitor will waive their legal fees if they fail to win your “No Fee, No Fee” ligament injury claim for compensation, you will still be liable for the defendant´s legal costs and possibly any expenses your solicitor has incurred in the preparation of your claim for disbursements and court fees.
Consequently, “No Win, No Fee” ligament injury claims solicitors will ask what legal fees insurance you already possess attached to a home contents or car insurance policy prior to offering you “No Win, No Fee” legal representation and, if it is considered inadequate, will recommend that you take additional insurance to eliminate any risk of financial exposure.
You are often allowed to defer the premium for an “After the Event” insurance policy until such time as the outcome of your ligament injury claim is known — at which point the negligent party´s insurers will pay for the policy if your case is won, or the policy will pay for itself if your “No Win, No Fee” ligament injury compensation claim is unsuccessful.
Your Potential Liability if you Win Your Ligament Injury Claim
An “After the Event” insurance policy can also eliminate any risk of financial exposure when “No Win, No Fee” ligament injury claims for compensation are successful. Although it is customary for the negligent party´s insurers to pay your solicitor´s legal fees when you win your “No Win, No Fee” ligament injury claim; should your solicitor´s legal fees, disbursements and their success fee come to an amount which is considered unacceptable by a court, you would be personally liable for any shortfall. It may also be the case that the negligent party has no insurance – or inadequate insurance to pay your solicitor´s legal fees – in which case you may also be liable for your solicitor´s costs.
Other circumstances in which you may not receive 100 per cent of your ligament injury compensation settlement are if you have been in receipt of certain State benefits to cover medical expenses, loss of income or loss of mobility since your ligament injury was sustained, or if you decline a time-limited offer of ligament injury compensation prior to court action which was of greater value than ultimately awarded by the court. In the latter scenario, you could be liable for your own court costs, plus a proportion of the negligent party´s legal fees since the expiry of the offer – even though you won your “No Win, No Fee” ligament injury compensation claim.
“No Win, No Fee” Ligament injury Solicitors
Each claim for ligament injury compensation is independently considered by a “No Win, No Fee” ligament injury claims solicitor and accepted or declined on its own merits. A “No Win, No Fee” ligament injury claims solicitor should present you with the terms and conditions of the conditional fee agreement before you agree to “No Win, No Fee” legal representation and make certain that you understand the liabilities that you may be exposed to under such an agreement.
The acceptance of your claim for ligament injury compensation under a “No Win, No Fee” conditional fee agreement is no guarantee of success and similarly, if a solicitor declines to provide “No Win, No Fee” legal representation, it does not mean that your ligament injury compensation claim is not worth your while to pursue – there may be economic or legal reasons why your ligament injury claim is declined or there may be more suitable funding options depending on your personal circumstances and those of your injury.
Proposed Changes to “No Win, No Fee” Ligament injury Claims
The Government intends to make changes to the way in which “No Win, No Fee” ligament injury claims are handled in the forthcoming Legal Aid, Sentencing and Punishment of Offenders Bill 2012. Although precise details of how “No Win, No Fee” ligament injury compensation claims will be affected are not yet known, it is in your best interests to speak with a “No Win, No Fee” ligament injury claims solicitor at the earliest practical opportunity to ensure that the information published on this page is up-to-date.
To help you obtain accurate and current information about “No Win, No Fee” ligament injury claims for compensation, we have set up a free Legal Advice Bureau which you are invited to call on freephone our phone number if you have any questions about your eligibility to make “No Win, No Fee” claims for ligament injury compensation or would like to know more about protecting yourself from financial liabilities when making a “No Win, No Fee” ligament injury claim.
Our telephone lines are open twenty four hours a day, seven days a week, and any private information disclosed to our “No Win, No Fee” ligament injury solicitors is entirely confidential. Please note that you are not obliged to proceed with a “No Win, No Fee” ligament injury compensation claim once you have spoken with us and, if now is not a good time to give us a call, please take advantage of our call-back request forms to arrange for one of our “No Win, No Fee” ligament injury claims solicitors to call you when it is more convenient.