I’m not completely certain who was responsible for my injury – can I still make a claim?

NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault

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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

    I’m not completely certain who was responsible for my injury – can I still make a claim?

    When you’re making a claim for compensation then there are two basic elements which simply have to be in place. The first of these is that you’ve suffered some kind of injury. The term ‘injury’ can cover physical or psychological damage. Physical damage is usually easier to spot, taking the form of cuts, bruises, broken limbs etc., whilst psychological damage may take longer to manifest itself and will probably require diagnosis from an expert. Psychological reaction to an accident or injury may include depression, anxiety, panic attacks and disturbing flashbacks to the event.

    Once it’s been established that an injury has been sustained it has to be demonstrated that this injury came about as the result of someone else’s negligence. The ‘someone else’ in question might be an individual, such the driver of a car, a body with responsibility for a public space such as a council, or an organisation like the NHS or a private clinic. In every case it has to be demonstrated that this other party behaved in a manner which was negligent, thus causing the accident.

    In most circumstances, the issue of who you feel was to blame for your injury will be fairly cut and dried, but occasionally it may be a little more complicated. If you trip over something in the street and injure yourself, for example, is this the responsibility of the local council, the shop which the debris you tripped over was left outside or the workmen who left it there? Answering questions like this is the job of an expert injury solicitor.

    If you’ve been injured in an accident but are not 100% certain exactly who was to blame then contact a lawyer at the earliest possible opportunity. They’ll take down the details of your case and advise as to exactly who you should make a claim against, what you will be claiming for and how much compensation you might be likely to receive. If you’ve been injured because someone else was negligent then don’t let your uncertainty stop you pursuing the compensation which is rightfully yours.

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