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How to pursue an injury claim
If you have been injured, or have a loved one who has been injured, it is important to know if you can file for an injury claim.
Filing A Personal Injury Claim – No Win No Fee Vs Paid
Before filing an injury claim as the aggrieved party, you should first think if your chosen solicitor works on a no win no fee basis. Remember, claims do have costs or expenses and there is a possibility that you may not win your case, leaving you liable for costs incurred on both sides. If it the injury isn’t serious, then you should first try to send an informal letter, or follow the internal complaint procedure for the organization, if there is one. In it, you should write about what happened (and have documentation to prove it) and seek compensation. Personal, crime or work injury claims should not be treated differently in this respect. It’s always important to start with an informal and more personal approach.
However, if necessary, you should also try mediation services. Unless it’s no win no fee there is usually a fee, but mediation can be quicker and ultimately cheaper than going to court. Just make sure that your mediator is accredited by the Civil Mediation Council. Their fees are based on the total value of the dispute – including counter-claims and the expected time the whole mediation will take. There will be added fees if the mediation process takes longer than expected. Also, do be aware that venue costs may be incurred if deemed necessary. Mediation may be the best resort for personal injury or accident claims under £5,000.
Insurance for personal, criminal or work accident injury claims
Assuming you do have insurance, do check on your policies to find out if you have legal costs included. You should also see if you are covered as a member of a trade union, or an organisation like the RAC or the AA.
In the event that you are not insured, you should acquire “after the event” insurance before going forward with your no win no fee injury compensation claims. You should work with an injury claims solicitor in such a case, as it will protect you from a larger legal bill. And if you win, you may be able to get back some of the legal costs.
If it’s not no win no fee then be aware that some insurance companies will not offer you a policy if they think your injury claims won’t succeed. In some cases, you may end up with an expensive policy that may not be worth it.
Personal injury claims solicitors and companies
When it comes to personal injury cases, you will definitely need the help of a no win no fee personal injury claims solicitor. The first thing you should do is to make sure that you have agreed on your costs before hiring them. Even better, you should go to the Citizen’s Advice Bureau to compare costs and expenses, to see if you and your solicitor are on the same page.
You can also ask for the help of a claim company, who can find a no win no fee injury claims solicitor for you. Although a claims company cannot represent you in court for your injury compensation claims, they certainly can certainly assist you in other concerns – part of which is finding a solicitor.
No win, no fee personal injury claims
You can negotiate with your solicitor to see if you can have a no win, no fee agreement, such that you will only pay your solicitor if you win your injury compensation claims. Do remember, though, that you still have to pay for the following: fees for experts brought in, court fees and traveling expenses. And if you lose, you will have to pay the other side’s legal costs and expenses, not to mention other costs and expenses that the case may incur, such as fees for witnesses.
Criminal Injury Compensation Claims
If your injury claim involves a crime committed, then here are some steps you must do.
1) You must find the unique police reference number for your case.
2) Get all the contact details for your doctor, if you were treated for an injury.
3) If you know who attacked you, then you should identify that person.
4) You should have information on any court case that may be related to the criminal attack.
*Northern Ireland has a different process, be sure that your solicitor is aware or has experience with this.
If the Criminal Injuries Compensation Authority (CICA) hands out a decision about your no win no fee injury compensation claims that you disagree with, you should seek the opinion of a tribunal, to see if the decision can be reversed. You have 90 days to appeal to the tribunal, and this can be extended if you are waiting for something important to the case, like a medical report. Do present the decision letter from the CICA and all documents that will support your case, such as medical records, evidence of loss of earnings, and the like. If the decision the tribunal releases is still unsatisfactory, you can request for a judicial review. Just remember to be mindful of your costs.
Understanding No Win No Fee Work injury claims
No win no fee work injury compensation claims are similar to personal injury claims, but there are added factors – such as diseases caused by the work environment. Below is a list of diseases that can be considered in claims for injury.
• chronic bronchitis or emphysema
• pneumoconiosis (including silicosis and asbestosis)
• osteoarthritis of the knee in coal miners
• prescribed disease A11 (previously known as vibration white finger)
• diffuse mesothelioma and a number of other asbestos-related diseases such as primary carcinoma of the lung
• pneumoconiosis (asbestosis)
• diffuse mesothelioma
• primary carcinoma of the lung with asbestosis
• primary carcinoma of the lung without asbestosis but where there has been extensive occupational exposure to asbestos in specified occupations
• unilateral or bilateral diffuse pleural thickening