Monday 20 September 2010

Why Lawyers Are Better Than Claims Firms

Many would have you think that claims firms are better for you if you are involved in a legal situation; for example, perhaps you need help to come to a resolution and receive monetary damages in the event of injury or other unfortunate incident. That is, if you've had personal injury or some other incident which requires legal action, there are those who say you should go with claims firms to try to bring things to closure.

However, lawyers are almost always the better choice in these types of situations, because they'll fight for you to get the best outcome for you. Most of these types of lawyers are no win no fee solicitors which means you don't need to pay anything unless you win your case.

This is especially true for claims firms, because they are only there to settle situations. They don't have injured parties' best interests at heart necessarily, and are only there to provide arbitration. In addition, in some cases, clients can be left even worse off than they were before they worked with claims firms, because claims firms may wrongly advise clients to do things that are not in their best interests while they attempt to get the situation in question resolved.

In addition, clients usually owe upfront fees to claims firms in an attempt to get their situations settled. Although these claims firms may indeed be able to win money for clients in certain situations, that's not always the case. In addition, because claims firms are paid for their services, their fees are not contingent on how much settlement a particular client gets. Therefore, they may work for and get much lower settlement amounts even for clients they truly help than would a personal injury lawyer.

It really is in most people's best interests, assuming they have solid cases that could win in a court of law, to opt for no win no fee solicitors in favour of claims firms. Because solicitors don't get paid unless clients do, clients aren't out any pocket if they the court doesn’t decide in their favour, and they're likely to win a much greater settlement or monetary amount for the pain and suffering involved if they do win. In addition, solicitors are going to work much harder for clients if their fees are directly dependent on how much clients win, too.

Therefore, it may very well be that in some cases, claims firms may be your only choice - especially if you've got a case you don't think a no win no fee solicitor would take. Far and away the best choice for most people is to choose a personal injury lawyer based upon no win no fee contingency. With this, you know that your lawyer will always work with your best interests in mind.
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When Would I Be Entitled Work Compensation?

Employers have a duty to protect you from harm whilst you are on their premises or carrying out the duties of your work for their business or company. With this in mind there a number of laws that ensure that every day workers are cared for in the event that they are injured; most importantly in the Health and Safety at Work Act 1974.

The most documented law in the Health and Safety at Work Act 1974 is 2.1, which states that “It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees.

Of course, this means that things that an employee has done which ignores any relevant health and safety training, such as running on a wet floor when there are clear danger signs in place, which result in an injury to their leg or back, cannot be the fault of the employer.

However, there are many instances where an employer has forgotten, or not even bothered to ensure that their employees are safe from the dangers of injury in the workplace. If full training has not been given prior to the commencement of their job, it is highly likely that your employer is liable in the eyes of the law to any injury that you suffer as a result of your work duties.

A qualified personal injury lawyer can ensure that you are well looked after if you have been injured through no fault of your own at work. The last thing you want to be worrying about is how you are going to pay for food to put on the table to feed you and your family. Taking a legal claim against your employer is something that many people in your situation have done to ensure that can survive through difficult periods without work.

Getting work compensation nowadays is relatively straightforward with a number of great solicitors out there that specialise in personal injury cases. However, you should make sure that the company you provide are proper lawyers that have your best interest at heart. They should never try to charge you anything for their services, as a no win no fee agreement says that their fees will be paid by the losing side when the case has been won.

The amount of compensation you receive will depend on the severity of your injuries. However, with the right assistance, it is likely that you will be back on your feet within no time.
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Making a Whiplash Injury Claim

A whiplash injury is used to describe a situation where someone's spinal cord has been injured. When a car accident occurs, and the person's car is hit from the back, the car accelerates in a forward motion. This hit to the back of the car results in the person's head, neck, and shoulders being quickly pushed forward, and then quickly snapped back. This is done in a motion similar to using a whip.

What is a Whiplash Injury?

The results of these quick jerking movements can leave the muscles and ligaments pulled or even torn. There can also be injury to the nerves and the vertebrae of the neck. This is usually what physicians will report when submitting evidence for injury claims.

Finding the Right Lawyer

When looking at making a personal injury claim, the right lawyer should be able to show that you were not at fault, and should be compensated for your medical bills. In terms of injury claims, a trial judge will look at who is liable for the accident, who has been injured, and how much should the accident victim should be compensated.

The law in regards to car accidents can be quite complex and the best thing would be for you to concentrate on healing from your whiplash injury. Instead of developing more ill health after the car accident, it is a good idea to use a car accident compensation lawyer.

The problem with trying to defend injury compensation claims for yourself instead of letting a skilled professional do so has to do with the motive of the insurance companies. Many will try to find any reason to not pay, or pay less than you require. This saves them money in the long-run. Even people who have confirmed illnesses can become confused or hassled when trying to get car accident compensation.

These companies will even try to use large amounts of legal jargon to have the case decided in the company's favour. The hassle of this can all be avoided by getting the right lawyer to represent you, especially in a case of a whiplash injury.

There are various laws concerning whiplash injury and car accident compensation if the fault is with the other driver. Using your rights, you are entitled to claim for personal injury if the other person was found at fault for causing damage.
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How To Avoid Falling Into The No Win No Fee Trap

Most people know what no win no fee claims are. They can be very advantageous to those who have experienced personal injury or other trauma and who would otherwise not be able to receive just compensation for the difficulties they've gone through.

In years past, before no win no fee claims became available, those who had legitimate reason to pursue legal action often couldn't because they couldn't afford to do so. That meant that those who harmed others could simply get away with doing so, because the injured parties couldn't afford to take action against them.

That difficulty was addressed with the advent of no win no fee claims. They can be very positive for people who need to file these types of claims, because with them, the injured party can file the claim at no risk or upfront cost to him or herself. That is, the solicitor does not need to be paid for his or her services on behalf of the injured party unless the case is won.

However, these types of accident compensation claims are not without their problems. For one, it has caused so-called & frivolous claims to be filed by people who really have no business doing so. Because there is at least a perceived notion that one can win significant monies when simply filing one of these claims, people who have not experienced significant trauma are still filing these claims, simply because they can. Because there's no risk to the person filing the claim, no win no fee claims can be very attractive to unscrupulous people who simply want money, but have no just cause for filing accident compensation claims.

A second reason no win no fee claims are problematic is that they also put a burden on the person who is the subject of a false accident compensation claim. For example, someone who simply has a slip or trip without injury may feign injury nonetheless, and file a claim in hope of getting some easy money. Unfortunately, the person who is the subject of this type of claim must then defend him or herself against the unscrupulous so-called victim. This compensation culture causes significant hardship for many people, especially those targeted by this type of scam and the legal system itself.

A third reason no win no fee claims can be problematic is that as they are currently managed, no-win no fee claims advertising is put forth by claims management companies, who then are paid to pass them on to solicitors. This has proved very profitable both for the solicitors and for the claims management companies. Therefore, because this is an industry that's worth nearly £400 million, the so-called compensation culture has become very lucrative indeed, unfortunately, for the wrong reasons, and for the wrong people.

To avoid contributing to the no win no fee claims trap yourself, make sure you think carefully before you decide to pursue legal action. Unless you have a legitimate reason to pursue action, don't. In other words, don't simply do it as a means to try to make some quick and easy money.

That said, if you do have a legitimate reason to pursue accident compensation claims, by all means do so. You are absolutely entitled to do so, and should see to it that you receive just compensation. Pursuing legitimate no win no fee claims, while dispensing with those that are frivolous, is exactly the way things should work.
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