If I’m injured by something I bought from a shop, who do I make the claim against?

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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

    If I’m injured by something I bought from a shop, who do I make the claim against?

    When you purchase something from a shop there are certain things which you ought to be able to take for granted – so much so that many of these have been enshrined in law in the form of the Sale of Goods Act. This piece of legislation covers factors such as whether the item is as it was described and whether it is of a good enough standard to perform the task for which it is designed. Over and above this, however, are certain things which we really ought to be able to take for granted but which, sadly, we sometimes can’t. It should be obvious that an item ought to be made in such a way that it won’t cause harm to the person using it, but occasionally things will slip through the net.

    Any manufacturer or retailer has a duty to provide items which are safe to use and if they fail in this duty, thus causing injury to you or a member of your family, then you have every right to think about making a claim for compensation. A claim of this kind will depend upon being able to prove that the item was in fact faulty, and that this fault led to harm or injury. An experienced injury lawyer will have worked on many cases such as this, dealing with problems such as toys with unsafe or loose parts, a power tool which breaks and causes injury, an electrical item which shorts and creates a fire risk, a vehicle with a fault which makes it unsafe for the road and many more examples.

    A personal injury lawyer will have to demonstrate that the item was in fact faulty and that it was this fault which led directly to the injuries you’ve suffered. In some cases it will be the manufacturer against whom the claim is made, in others the retailer or even a combination of the two. This decision will be made easier if you present as much information as possible such as when and where the product was purchased and the precise details of the accident. Any compensation you receive will also depend upon expenses incurred as a direct result of the fault, so try to keep any receipts for things like medicines or travel, as well as the details of any lost earnings.

    Health and safety legislation is often disparaged, but at the very least it means that you ought to be able to trust the items you pay good money for. If this trust is broken then it’s only right and proper that you should be able to seek compensation, and a personal injury lawyer will know exactly who to seek it from and how to build the strongest possible case.

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