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Claims explained

compensation claims explained

Claims Expalined

The U.K. has one of the most GENEROUS accident compensation schemes in Europe.

Every year about 500,000 people in the U.K. make accident claims. One of the main reasons behind this is No Win No Fee which is a term normally used to refer Conditional Fee Arrangements.

No Win No Fee

No Win No Fee means that if you make an accident claim and don’t win your case, there is NO FEE TO PAY. The cost instead is paid from insurance cover. If on the other had you are successful in your claim, you would normally expect to receive your compensation in full without reductions. In this case the other sides insurance cover normally pays.

These arrangements where brought into the U.K. in 1995. Prior to this a legal aid scheme was in place, backed by the government. This provided funding so that everyone could get a fair hearing.

The no win no fee process is actually a much simpler system than the one it replaced. Under the old scheme a regular had to assess whether an applicant for legal aid had a reasonable case. Unsurprisingly this created a lot of administration and slowed down any potential claim.

Now these decisions are made by the solicitor, which great speeds up the process. In effect the government outsourced the agreements. Legal aid was administered by government, but no win no fee is purely between the solicitor and their client.

One of the key elements of any claim is demonstrating that a third party is liable for the accident. They don’t need to be fully responsible, but they must hold at least partial liability. For example if somebody was talking on a mobile phone and drove into the back of your car they would be liable for any injuries to you that resulted from the accident. In order to make a no win no fee claim you will need access to a solicitor that handles such cases.

Compensation

There are many factors involved in calculating compensation, even if the injuries received by victim’s appear to be similar. This is because everyone is affected differently by injuries, and the amount of compensation awarded will depend to an extent on personal circumstances. The most popular compensation claim in the U.K. is for whiplash suffered in road traffic accidents. However workplace claims often have higher payouts.

Negligence is normally the main reason behind claims for compensation. There are many people and organisations you will encounter everyday who have responsibilities over your welfare.

For example councils, retails shops, employers and other drivers on the road. If these people do not take whats known as reasonable care, accidents can occur. If this happens to you there may be a strong case for a compensation claim to be made against offending person or organisation.

There’s a MISCONCEPTION that Britain has a ‘compensation culture’ that is often fuelled by exaggerated stories and claims in the national press. This is in fact untrue. The majority of people who are eligible for compensation following an accident never actually claim. Further, Britain has one of the lowest rates of compensation in Europe.

Before making a claim is advisable to do a little background research on the claims process. There are some basic mistakes many people make early on which can prevent them from even being legally allowed to claim.

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