What amount of compensation can I expect to receive if my claim is successful?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    What amount of compensation can I expect to receive if my claim is successful?

    In any claim for personal injury compensation, the question of how much money is likely to be received in the event of the case being won is one which can be rather difficult to answer. An expert personal injury solicitor with experience of mounting similar claims in the past will, however, be able to give you an estimate based upon the precise factors of your individual case.

    Where medical negligence is concerned, mounting a successful case consists of demonstrating that the treatment you received fell short of what might reasonably be expected and that this shortfall resulted in an injury to the claimant. In some cases you may in fact be claiming on behalf of someone else such as a child or person who has been left incapacitated by the negligence concerned. In the worst cases, of course, the negligence might even have resulted in death, in which case it is the family left behind who will be seeking compensation.

    If the court decides that you were in fact a victim of negligence they will then set the level of compensation you can receive. The website www.scope.org.uk, an organisation which works with and campaigns for disabled people, lays out the criteria which will be used when calculating compensation.

    The amount of money should be enough to cover all expenses – such as medical bills, specialist care and equipment transport costs and so on – as well as compensating for any earnings lost at the time of the injury and in the future. In order to receive a fair payment it’s vital to keep all receipts relating to expenses incurred through the injury and make careful note of any changes in your working or social life. Other factors which the court will bear in mind will be the type and severity of the injury itself, the on-going effect it is going to have and any pain and suffering on the part of the victim.

     

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