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Is there a time limit to make a claim following a traffic accident?

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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

    Is there a time limit to make a claim following a traffic accident?

    In the immediate aftermath of a road traffic accident, you may feel too shocked, stressed and anxious to even think about launching a claim for compensation. This is understandable, since a violent occasion like a car crash can be deeply upsetting. It’s important, however, if you’re going to receive the compensation necessary to carry on with the rest of your life, that you start to think about putting a claim together at the earliest possible opportunity.

    As pointed out by the Citizens Advice Bureau, there are strict legal limits to the length of time which is allowed to pass before making a claim for personal injury compensation. Speaking broadly, a claim has to be launched no later than three years after you became aware of the injury caused by the accident. This doesn’t necessarily mean three years after the accident, since some conditions take a while to become apparent, and the court may make an exception in specific circumstances, but, as a rule of thumb, thirty-six months is the time period to bear in mind.

    Over and above this, however, is the fact that your claim is much more likely to be successful if you contact an injury lawyer at the earliest possibility. The more information you can provide regarding the precise circumstances of your accident, the details of any witnesses and so on, the stronger the case they will be able to build. Some cases of this kind are contested, so it’s vital to get your side of events down whilst it’s still fresh in your mind. Your no win no fee solicitor will use this information, and the details of any expenses you’ve incurred, to build a case demonstrating that the accident wasn’t your fault, and that you suffered injuries as a result.

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