Monday 14 January 2013

Defending Your No Win No Fee Claims

Using Your Economic Standing as an Argument

Your financial incapability should not preclude you from filing accident claims. Since our system of tort laws include special types of legislation targeted especially for the poor, such as the Conditional Fee Agreement Regulations, you can now not only just choose to file a claim but you can even do so for free.

Cases taken on the Conditional Fee Agreement are also known as No Win No Fee cases. The reason is that in such claims, the personal injury lawyer agrees to take on a case with the understanding that he will not charge his client any hourly fees payment should the claim not be honored but get dismissed by the courts.

Seeing that this is how things stand in our system of laws, you can even make your economic standing an asset. As personal injury lawyers are aware that the Conditional Fee Agreement should be kept in reserve until a claimant who can prove that he cannot afford paying their hourly fees payment arrives, people who are rich and wealthy will understandably be discouraged, nay, even barred, from having their cases taken on in this scheme. This should not deter you, however, in doing everything in your power to strengthen your case. For even if your case does succeed in being processed in this way, you should not take it as a guarantee that your case will automatically get honored.

Your Defense against Critics

The last emotion that you should be feeling in case your compensation claims get accepted on the No Win No Fee basis is shame. You should ignore the people who, knowing that the Conditional Fee Agreement is reserved for people who are financially incapable of paying their lawyers’ hourly fees, will therefore look down on you merely because of your economic standing.

The best answer that you can give them is that although having your claim processed in this scheme reveals your poverty, it also reveals your claim’s merit, for only cases with high merits are taken on this basis. As a prospective claimant, therefore, you should not allow yourself to be looked down upon by the defendant or even by the people who are not involved in your situation except as spectators. There is simply no reason for you not to feel confident.

There is also no reason for to feel overconfident, however. This is because even if your claim is accepted on this scheme, you will still have to perform all the duties involved in filing and demanding a claim. You will still have to produce witnesses and evidence, apprise yourself of the basic mechanics behind tort laws, and appearing on certain dates to meet the defendant and his representative, or if the lawsuit truly escalates, to meet the judge who will try your case.