The No Win No Fee system offers claimants a higher level of financial protection even if their case is unsuccessful as the personal injury solicitor representing the claimant will waive their fees and the claimant’s insurance will take care of all the defendant’s legal costs.
A successful claim means that the claimant will receive the entire 100% of the compensation due to them, without any commission cuts taken by the legal team, and will also have all their court costs and expenses covered by the defendant.
This may sound like a win win situation and, sadly, many unscrupulous individuals have tried to cash in on the system but, when instructing a personal injury solicitor to act on your behalf with the aim of claiming compensation you will actually find that a rather substantial amount of information and evidence is required in order to verify your claim and build a good, solid case and much of this information can only be obtainable by genuine claimants with a valid personal injury case.
Probably one of the most vital pieces of information required to verify the case is evidence of the accident itself and who was actually at fault. In the majority of cases, except under very extreme circumstances, the accident must have been caused by someone else other than the claimant.
This proof can be found in photographs of the accident scene and through witness statements. Now, it goes without saying that under few circumstances will the victim themselves be in a position to start taken snap shots of the accident scene but these days, with so many people aware of being able to make a claim for injuries caused by accidents where another party holds liability, the chances are there will be someone, whether it be a family member, friend, work colleague or even a passer by, who would have had the foresight to get out their mobile phone and take a few good shots.
Anyone who was present at the accident will also be asked if they are happy to make a statement documenting vital information regarding the accident such as where and when the accident took place, who or what caused the accident and what the outcome of the accident was.
Medical evidence will most certainly also be required and this will be in the form of a medical report written by the doctor, specialist or surgeon who examined and treated the claimant’s injuries. The report will state the extent of the injuries, the treatment needed and the likely outcome of the injuries – i.e. whether there will be any long term or even permanent damage.
Any financial loss connected to the accident and subsequent injuries will also be taken into consideration by the solicitor and they will want to know whether the injuries have resulted in unpaid time off work, whether the claimant has had to employ extra help around the home, perhaps a childminder or home-help, and the total cost of all travelling expenses to and from appointments/check-ups or for treatment as well as the costs of any prescriptions or treatment required.
The claimant will also be asked whether the accident and resulting injuries have had any impact on their day to day living or whether any side affects have manifested which were not present before the accident took place. Side affects can cover a wide spectrum and can include physical side affects such as restricted mobility or psychological side affects such as anxiety and depression. The claimant will also be asked if the accident has caused any loss of amenity which simply means a particular interest, hobby or something which gives the claimant pleasure and enjoyment which they are no longer able to partake in as a result of the injuries they have sustained.
Once the solicitor has collected all the relevant information he/she will then be able to give the claimant an idea of the amount of compensation they should expect to receive from the defendant and a hearing date for the case can then be set by the court.