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An Analysis of the Gradual Evolution of the No Win No Fee System

June 23, 2012 by  Filed under News


In the UK and every other place, accidents have been increasing in numbers. While people all over have been made aware about the necessity of staying careful as a means of preventing the unfortunate incidents from taking place, this does not actually help them keep no win no fee solicitorsaway from the accidents. The uncalled for incidents and situations occur in the lives of the individuals without slightest warning and, soon bring the victims face- to- face with an intense crisis. It is perhaps needless to list down the kind of troubles that accident victim encounters by way of the mishaps. Lurking behind, there is a sense of being ill- treated and denied justice whenever this accident took place entirely as a consequence of somebody else’s mistakes r negligence. Claiming compensation is essential for not just recovering from the dire situation but also for seeking justice and putting the wrong- doer before trial for all his misdeeds.

The Earlier Scenario

Though accidents have increased in numbers, they never used to be quite uncommon. However, before the emergence of the legal service providing agencies and the registered no win no fee solicitors, the scenario was an entirely different one. People, in spite of knowing that they have been wronged, preferred not to get involved in the legal procedure of claiming compensation. This is primarily because there were high chances of being entangled in the elaborate legal process, which ended up with few possibilities of success. Moreover, there had been a dearth of eligible solicitors and this aspect further aggravated the situation. The unprofessional lawyers made sure that even if a claim was won, a major part of the compensation amount went directly into their pockets. Thus, victims who had little knowledge about legal rights and procedures accepted the occurrences as being their destiny and kept quiet.

The Conditional Fee Agreement

It is by virtue of the introduction of the Conditional Fee Agreement, popularly known as CFA, that claiming compensation has emerged so popular among people. The agreement lays down the principle that the claimants are not required to bear any sort of expenses in filing the compensation claims. The solicitors, according to this contract or agreement, are supposed to work abiding by a no win no fee system. The system would entail that the lawyers would provide cost- free legal services and solutions to their clients. On winning the claim, the legal expenses of the claimants that is, the fees of the solicitors are covered up by the opponent. On the other hand, in case the claim is lost, there is nothing that the accident victims need to pay. The system was meant to offer help and support to those who have not been covered by an insurance policy or does not have access to the legal system. The system is also referred to as contingent fee system. The claimants can pay a small ‘success fee’ to the lawyers after the claim has been won and, the claimant has received the due compensation.

How do the Solicitors Work?

The no win no fee solicitors not just represent the claim of their clients but also offer comprehensive guidance throughout the process of claiming the compensation. Being registered with the legal service providing agencies online, the solicitors get in touch with their clients through the online environment and it is here that the process of making the claims is initiated. The lawyers first judge the validity of the claims, that is, whether the case the claimant has is strong enough to be made into a claim. Once determined, the method proceeds with a gathering of witness and evidence that offers ground to the claim, increasing its chances of meeting the desired success. The claim is then brought before the opponent, whose agreement to the charges made, resolves the claim without delay. In case the negligent third party refutes the claim or the compensation amount demanded, the claim is brought up to the courtno win no fee solicitors where the final verdict is given by the jury.

When does the Solicitors Work on No win No Fee Basis?

Although, the development of the no win no fee system had been conducted to ensure free of cost legal solutions to millions of accident victims, there are actually several factors that the solicitors consider before they enter a conditional fee agreement. One must remember in this respect that since the solicitors have no profit fighting for a case that has little chances of success, they always tend to judge the authenticity of a claim. Their respective experience in dealing with similar cases and the expected time to be used up in bringing the case to the desire are equally essential factors, often taken into serious account by the lawyers. Thus, claimants, in order to enlist the support of the solicitors and reap the maximum advantages out of the compensation claims as necessary instruments of justice, must provide thorough and honest details. They must be able to prove the fact that they were not even slightly involved in the accident that took place.

Making a Proper Use of the No Win No Fee System

While the no win no fee solicitors have come to the rescue of millions of accident victims, certain negative aspects of claiming compensation have also come to the forefront. This has been owing to the reality of several people claiming compensation without a proper case in hand. All this has led to the emergence of what has been termed as compensation culture. Responsible individuals must be aware that claiming compensation should not be treated as an easy and shortcut way of extracting as much financial help as possible. Whether it is a whiplash claim or perhaps the car accident claims, they must have proper evidence of the innocence of the victims. Claims for compensation offer the only ways of overcoming an impending crisis and restoring back to normal life. The necessary appraisal of the system is what makes the declaration of so many laws and regulations happen to be of immense benefit to the public.

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