Monday 1 March 2010

Do’s and don’ts when making a no win no fee claim


Do’s

• Do only make a ‘no win no fee’ claim when you have accident injuries that have caused you pain and suffering and/or financial loss.
• Do ensure you are within the timeframe for making a ‘no win no fee’ claim – most of the time it can only be made within three years of the date of your injury.
• Do make sure your selected claims service doesn’t involve any hidden fees – any legal costs should be covered by the third party should your compensation claim be successful.
• Do ask your selected claims service questions such as whether the company will charge you any fees, whether they will make you sign into a credit agreement and whether they will insist you sign up for a loan – the answer to all of these should be ‘no’.
• Do make sure that if your solicitor takes on your case, and believes you have less than a 51% chance of success, that there are no hidden costs.
• Do ensure that you will receive 100% of the damages – the legal fees for your solicitor should not come out of this.
• Do keep evidence of any medical treatments, referrals or appointments you have had in relation to your injury – it is your responsibility to keep a record of these as proof of your accident.

Don’ts

• Don’t sign anything until your solicitor has made it clear (and in writing) that there will be the ‘no win, no fee’ arrangement available and with no hidden costs.
• Don’t pursue a claim if you feel like your questions have not been answered satisfactorily or if you feel uncomfortable with any aspect of the advice you have been given. Be aware that once proceedings have begun, pulling out could result in you being billed for legal fees incurred on your behalf.
• Don’t miss any medical examinations that have been set up with independent doctors. These missed appointments will show up in your medical records (which the court and insurance companies have access to), and could hurt your legal case.
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