Do all no win no fee claims have to be decided in court?

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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

    Do all no win no fee claims have to be decided in court?

    Most no win no fee claims revolve around two different sides of a situation, both giving their versions of what they feel is the truth. If you’ve been injured in an accident which you feel was caused by the negligence of another party then it’s only fair that you should be able to seek compensation. Not only will this reimburse you for expenses which have arisen as a direct result of the accident, but it will also allow you to pick yourself up and get on with the rest of your life. If your injuries prevent you from earning a living as you used to then this will be reflected in the amount of money you’re awarded, as will the pain and distress you’ve been through.

    Sometimes, however, the other party will opt to deny responsibility. This could be an honest opinion on their part or it could be a tactic employed in the hope that you’ll be willing to back down. This is why working with a personal injury lawyer is so vital – they’ll help you to build the strongest possible case, and will respond on your behalf to any communications from the other party.

    In many cases, it’s fairly obvious who is responsible. If you slip on a wet supermarket floor, for example, injuring your back and there was no warning sign on display, then it’s clear the supermarket is at fault, particularly if they’ve had sufficient time to clear up the relevant spill. In cases such as this, which are pretty cut and dry, the other party will often make an offer without you having to go to court. Your only decision, advised by your lawyer, will be whether to accept their offer.

    If the other party does decide to contest the claim then you’ll work closely with your solicitor to build the strongest possible case. They’ll handle any paperwork you have to complete and tell you exactly how to present your version of events. If you’ve been injured then there’s every chance the case won’t even get to court but even if it does you’ll be guided by expert advice every step of the way.

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