Requirements To Make A No Win No Fee Claim*
Unlike securing Legal Aid, making a no win no fee* claim for personal injury is not subject to your personal and financial circumstances; if you have a valid personal injury claim you can utilise this agreement no matter your situation. Instead, the no win no fee* system relies on your solicitor evaluating your claim and deciding whether to take it on – if you have a strong claim then most solicitors will be happy to take it on, as they know that they are likely to be able to recover their fees when they win the case for you. The strength of your case is based on a number of factors including, but not limited to, the following:
If You Have Suffered an InjuryIn order to make a strong claim for personal injury, you have to have actually suffered some kind of injury.
This requirement is very broad, and can include varying degrees of physical injury and also some psychological injuries. As a broad guideline, any injury that has any sort of negative impact on you for around four weeks or more is likely to be something that a solicitor could help you with; if you are unsure whether or not the injury you have suffered is something that you could claim for, our solicitors are happy to discuss this with you for free and without obligation.
Who is Responsible?In order to claim compensation for injures you have suffered, there needs to be a third party that was partially or wholly responsible for your injuries.
This does not necessarily mean that your injuries must be the direct result of another’s actions; a large amount of claims are based upon the failure to take an action that should have been taken. If a third party had a duty to do something, for example to ensure the safety of visitors to their premises, and they failed to do so, then they can be held responsible for any injuries that result.
Where & When did the Accident Take Place?In order for you to make a claim for personal injury, the injury must have happened relatively recently and in a place that English law applies to.
The time limit on bringing a claim is three years from the date of the accident; there are a few specific exceptions to this however, so if you believe that you should be able to make a claim outside of this period then our solicitors will be happy to discuss your particular circumstances with you. As a general rule, the accident also needs to have occurred somewhere within the UK; outside of the UK you will need to rely on the laws of the country that the accident occurred in. As with the time limit, there are certain exceptions to this rule, most notably where you were on a package holiday booked in the UK, so if you are unsure whether you can claim contact us for more information.
*There will be two scenarios where your solicitor may charge you for their costs:
- if you have been found to be making a fraudulent claim
- Non-cooperation by you, which jeopardises the outcome of your claim