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What does ‘No Win No Fee’ mean?

“What is a No Win, No Fee agreement is a question I am asked all the time.

It is important to understand what a ‘No Win, No Fee’ agreement is before beginning your claim.

A “No Win, No Fee” agreement is also known as a Conditional Fee Agreement or CFA.

Under the “No Win, No Fee” agreement:-

If You Win
If you win your claim, your opponent will pay the majority of your basic legal costs and they will also pay your disbursements (e.g. court fees, medical reports).

If you win, your opponent will not pay the following:-

– your basic legal costs which cannot be recovered from them;

– the insurance premium for the policy taken out to protect you against the risk of legal costs or if you lose your claim;

– my “success fee” which compensates me for the risk of not getting paid for my work if you lose your case.

Therefore, if you win, the insurance premium and my success fee only will be deducted from any compensation you receive at the end of your case. Unlike many firms, I will not ask you to pay any additional basic legal costs not paid by your opponent. This is where other firms charge you “hidden costs” which they will ask you to pay on top of their success fee and the insurance premium!

If You Lose
If you lose your claim:-

– I cannot charge you at all for the work I have done pursuing your claim;

– You do not pay the success fee;

– Your disbursements will be paid for by the insurance policy;

– You do not pay anything at all for the insurance policy but it will pay out of you lose!

Therefore, if you have the benefit of a “No Win, No Fee” agreement and you lose, you pay nothing at all*.

A “No Win, No Fee” or conditional fee agreement gives you security and peace of mind when pursuing your personal injury claim.

At the outset it is important that I assess the prospects of your case being successful with you and review all the funding options available to you. If it is your best interests to do so I will offer you a ‘No Win, No Fee’ agreement.

Please be assured that I will do everything I can to protect and support you throughout the claims process and I will keep you up to date at all times.

*Provided you have also taken out the recommended policy of legal costs insurance and have complied with its terms and conditions and the terms and conditions of the conditional fee agreement.

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How much will it cost for a personal injury claim?

It Is Important That You Do Not Worry About The Costs Of Making Your Personal Injury Claim

You can contact me for free and no obligation initial advice about your case and the costs involved.

It is important to consider the different ways your claim can be funded which include:-

– A”No Win, No Fee” agreement which is also known as a Conditional Fee Agreement or CFA;

– Legal Expenses Insurance which you may have as part of your home or car insurance and which may help with legal costs;

– Trade Union Funding where you are a member of a trade union they may help with legal costs;

– Public Funding (Legal Aid) is generally no longer available for personal injury claims apart from a small number of cases.

– Private Funding where you pay the legal costs yourself whether you win or lose your claim.

It is important that all the above options are fully considered with you at the outset.

It is best that you call me for the free and no obligation initial discussion so that the best option can be worked out for you. If the best options are Legal Expenses Insurance or Trade Union Funding, you just need to let me have their details and I will contact them on your behalf and advise you on what they say.

It is important that you carefully check for any “hidden costs” and that you fully understand the option being recommended to you. Unlike many firms, I will not ask you to pay any additional basic legal costs not paid by your opponent. This is where other firms charge you “hidden costs” which they will ask you to pay on top of their basic costs!

Therefore, if you have already been offered terms by another firm I strongly recommend you contact me before agreeing they can take your case on. I will, without any cost to you, check the offered terms to ensure there are no hidden legal costs.

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How long do I have to make a personal injury claim?

It Is Important That You Bring Your Claim Within The Relevant Time Limit Otherwise You Will Lose The Right To Pursue Your Personal Injury Claim

You can contact me for free and no obligation initial advice about your case and the relevant time limit.

Strict time limits apply to personal injury claims which require court proceedings to have been started before the time limit expires. However, the time limits vary depending on different factors including where the accident happened, who you intend to claim against and the nature of your injury and accident (amongst other factors).

In England & Wales the time limit for bringing a claim is usually 3 years from the date the injury was sustained i.e. usually 3 years from the date of the accident.

However, it can vary and if you have suffered an illness or disease from your work, for example hearing loss, you generally have 3 years from when you became aware of your condition and that it might be related to your work. If you have a medical negligence claim you generally have 3 years from when you knew you had suffered harm as a result of your medical treatment.

If the case involves a child (someone under the age of 18) or someone without capacity to manage their legal affairs the above time limits will not apply. Someone under the age of 18 at the time of injury will have until their 21st birthday to start court proceedings.

If your accident occurred outside England & Wales different time limits may apply as other countries may have different time limits and they can be less than 3 years.

It is possible that a court may exercise its discretion and allow your claim to proceed outside the usual 3 year period. However, it can be very difficult to do this and so you should ensure your claim is brought in time.

Your best course of action is to contact me for your free and no obligation initial consultation to work out the time limit applicable to your claim. Do this, even if you think you may already be out of time as your case may be one where discretion may be exercised in your favour and be allowed to proceed out of time.

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Low value injury claim been turned down?

Has your lower value injury claim been turned down?

It has been reported in recent weeks that many solicitors and law firms are no longer accepting personal injury cases that are of lower value. This is because they only attract “fixed” costs and so many lawyers are taking the view that they are no longer financially viable for them to take on. This is especially so since a change in the law last year which introduced more fixed costs in personal injury claims.

I’ve been told my claim is not worth taking on
This creates a problem for many people who have low value claims especially if the claim is also not an easy or straightforward one. Many such “riskier” but deserving cases are simply not being taken on by law firms leaving many injured people with perfectly valid claims without the all important solicitor representation they need to succeed or even get their cases off the ground.

The Association of Personal Injury Lawyers (APIL) has suggested that solicitors are distancing themselves from such cases because they are “not financially viable to run”.

Many lower value injury claims are being turned down, for example, there has been a particular rise in the number of abused dementia sufferers being unable to claim due to a hesitance on the part of law firms. In these cases it is proving more difficult than ever for the injured person to pursue a claim because of lack of willing solicitors to represent them.

However, Nigel Askew Solicitor continues to accept these cases and will be happy to assist with any lower value and difficult injury claims. He says “To me it’s not just about how much money can be made out of a case or client, as it is for many firms nowadays, but about making sure the public still has proper access to justice even where they may have a difficult case and unprofitable case.”

Nigel Askew Solicitor can help if your claim has been turned down by another solicitor or claims company
Despite the increased difficulty in making smaller personal injury claims, Nigel Askew is happy to take on such cases. Even if you have been previously turned down by law firms and solicitors, there is still hope that you can get the financial compensation you deserve for a personal injury.

How to make a claim
If you have suffered a personal injury that is deemed “lower value” or “too difficult” to pursue a claim for compensation, contact Nigel Askew to make a claim. Although other solicitors may have turned down your claim, do not let that deter you. Get in touch with Nigel Askew Solicitor by using the online contact form or by calling 01507 609027. Your claim will be handled just like any other regardless how small or difficult, and there is a free, no obligation consultation which will help you to determine whether your claim is valid. All cases are pursued on a no-win no-fee basis.

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Skiiing accident claims

Skiing Accident Claims

The popularity of skiing trips has led to an increase in the number of skiing accident claims for serious skiing injuries on the slopes. Research shows that almost a third of insurance claims are now related to claims for skiing accidents!

Unfortunately it is all too common to see other skiers and snowboarders failing to adhere to the basic rules, for instance, failing to show any courtesy to others and when skiing behind someone else, adjusting their speed and being careful to avoid collision.

Before you head off, make sure you check that skiing activities are covered by your travel insurance and remember that if you are under the influence of drink or drugs when the accident occurs, your claim will almost always become void and you could end up with a bill for many thousands of pounds for medical treatment and special travel arrangements home.

If you are unfortunate enough to be involved in a skiing accident, make sure it is reported at the time, retain your ski pass and get the details of any witnesses. Many cases have been lost as a result of a lack of witness evidence and so statements need to be taken as soon as possible.

Proving Liability For Your Skiing Accident
So if you have suffered injury as a result of a skiing accident it is important to consider the process of making a claim. This is especially the case for skiing injuries as they are often serious and have long lasting consequences. Firstly, skiing accident claims abroad can be challenging as a result of the different laws in each country and secondly the often serious nature of the injuries require a specialist skiing injury solicitor. Therefore, if you have been involved in a skiing accident abroad it is crucial that you contact a specialist skiing accident claim solicitor who understands skiing.

As an accomplished skier myself I understand all the issues and as I only do personal injury work, unlike claims management firms I do not do bulk claims, I investigate each case personally, speaking to your witnesses and gathering as much evidence as possible.

This gives me the best chance of proving for you that your injuries were caused by the negligence of the other skier.

Although the process can be complex, I am committed to getting you the compensation you deserve for your skiing injury whether it was caused by faulty ski equipment, inadequate ski instruction, or another person’s negligence on the ski slopes, you need the right solicitor to help you.

Contact Nigel Askew Solicitor
If you want to seek compensation for a skiing injury, get in touch with me on 01507 609027 or online for a free, no-obligation consultation about your case. I deal with cases on a no-win, no-fee basis. There are no hidden charges. I will come and see you at whatever time and wherever suits. I visit clients personally throughout the Louth and Grimsby areas of Lincolnshire.

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Hearing loss caused by BT tone sets

Hearing loss caused by BT tone sets

If you have ever worked for British Telecom and used amplifiers and oscillators during your employment, the chances are that you could have damaged your hearing. BT engineers and technicians are amongst the people who may have been affected by prolonged use of the tone sets, which are used to detect line faults.

BT accept negligence
It is believed that there are around a million people in the UK whose job exposes them to excessive sound levels. BT engineers using the oscillators and amplifiers have often been subjected to loud signals through their headphones, which can cause discomfort and lead to long lasting hearing difficulties.

After many years, BT has acknowledged their negligence in the problems caused by the tone set equipment, meaning that affected employees or former employees may be eligible to compensation. If you believe that your experience with BT has had a negative effect on your hearing ability, you may be able to make a claim.

Signs of deafness
Some of the common signs of deafness that can result from prolonged exposure to loud noises in the workplace include:

    • Having to turn the volume up high on the television or radio.
    • Being unable to hear the phone or doorbell ring.
    • A persistent buzzing in the ears, a condition known as tinnitus.
    • Being unable to hear what people are saying, or asking them to repeat themselves often.

If you suffer from one or more of these symptoms, and have previously worked with BT’s tone set oscillators and amplifiers, you could be due compensation for the damage caused to your hearing.

Contact Nigel Askew
To find out whether you have a valid claim to make against BT, contact me by telephone on 01507 609027, or get in touch via the contact form on my website to set up a consultation. There is no obligation or hidden charges, and cases are made on a no-win, no-fee basis.