What is an accident claim?
An accident claim may be made when you have suffered a personal injury or other loss as the result of someone else’s action or inactions – in other words, an accident for which you were not at fault.
Like it or not, other people may owe you a duty of care to steer you clear of such accidents and, if they are in breach of that duty of care, they are obliged to accept responsibility for the fact and pay you appropriate compensation for the injury you have suffered.
The problem, of course, is that many individuals and companies do not like it when they are alleged to have caused the accident. Their response to your claim may be to:
• deny all responsibility and reject your claim for compensation; or
• accept some degree of responsibility but dispute the amount of compensation you are claiming.
Resolving the dispute
Resolving such a dispute and ensuring that you receive the full amount of compensation to which you are entitled is rarely straight forward.
From the outset, for example, it may be difficult for the untrained individual to know exactly how much compensation might be sought. Putting a monetary value on the amount of compensation for the injuries and suffering caused by the other party typically requires particular skills and expertise:
• if a negotiated settlement is being sought, for example, the arguments may be advanced more effectively by those experienced in this kind of negotiation; and
• if accident claims needs to be resolved through legal action before the courts, then of course qualified lawyers are needed.
No win, no fee
Although expert and qualified assistance may be the only way for successfully pursuing a claim, many people may be put off seeking that help because of the costs it may incur – costs which might climb even higher if the claim is lost and a court orders you to pay the legal costs of the other party too.
That is why you may have heard of “no win, no fee” agreements offered by some firms of lawyers – such as those of us here at Accident Lawyers 4U. This is how such agreements work:
• the first step is for you to outline the basis of your claim so that the law firm may decide whether it is suitable for a no win, no fee agreement – that the accident has occurred no longer than three years ago, for example;
• if the claim is taken on, you then purchase a simple insurance policy to cover the cost of any expenses if the claim ultimately fails and costs are awarded against you;
• the lawyers then do their work in pursuing your claim and securing the best possible settlement on your behalf;
• if your claim is won, costs are generally also awarded in your favour and recovered from the other party;
• if the claim is lost, any costs you are required to pay are already covered by the insurance you have taken out.
In any event, therefore, the cost of your action incurs no fees, including the possibility of “no win, no fee”.