No Win No Fee Construction Claims

What Are “No Win No Fee” Construction Claims?

“No Win, No Fee” construction claims have been promoted in recent years as a means of claiming compensation when you have been injured in a construction site accident for which you were not to blame. Inasmuch as there are good reasons for taking advantage of “Conditional Fee Agreements” — in which your solicitor waives his or her legal fees if they fail to win your “No Win, No Fee” claim for construction accident compensation - many people are unaware of the full implications of making “No Win, No Fee” construction claims and what it might cost them — win or lose.

“No Win, No Fee” Construction Claims When You Win

Should your “No Win, No Fee” construction claim be successful, your solicitor will recover their legal fees from the defendant´s insurance company, along with any costs for expenses he or she has incurred during the preparation of your claim and their “Success Fee”. Solicitors are allowed to add a success fee to the legal costs associated with your “No Win, No Fee” construction claim as a premium for taking your case without any assurance of payment; and, in theory, you should still receive your full settlement of construction injury compensation.

However, should the total of your solicitor´s legal fees, expenses and success fee be judged to be disproportionate in relation to the amount of construction accident compensation you are awarded, you may be liable for any shortfall - and this will be deducted from your compensation settlement. Other scenarios when you may not receive your full settlement of construction injury compensation include when you have been receiving State benefits for loss of income or the provision of care while your claim is being prepared, or if you previously rejected an offer of compensation which was of higher value than ultimately awarded by a court.

“No Win, No Fee” Construction Claims When You Lose

Should you lose your ”No Win No Fee” claim for construction accident compensation, although your solicitor´s legal fees will be waived you may have to cover the cost of their expenses and will be liable for the defendant´s legal costs. This could be very expensive if your claim has been complex or involved court proceedings and, because of the possible exposure to a significant financial liability, “No Win, No Fee” construction claims solicitors recommend that you protect yourself from this potential risk by taking out an insurance policy.

Almost 60 percent of the UK population already have legal expenses insurance according to a recent Department of Justice survey. Called “Before the Event” legal expenses insurance, it is often included in household contents or car insurance policies, or as a benefit included with certain credit cards or membership of selected motoring organisations. However, conditions — such how much legal expenses you can claim on these policies - are frequently imposed by the insurance companies providing these “Before the Event” insurance policies, and it is recommended that you take out an “After the Event” insurance policy before proceeding with a construction accident “No Win, No Fee” claim for compensation.

“No Win, No Fee” Construction Claims and After the Event Insurance

Having After the Event insurance is important when making “No Win, No Fee” construction claims compensation claims, as it ensures - win or lose — that you will not be exposed to a financial liability. The premium for an After the Event insurance policy can often be deferred until the outcome of your claim is known, at which point — should you win your “No Win, No Fee” construction claim — the premium for the policy is included in the defendant´s legal costs; while if you lose your “No Win, No Fee” construction claim, the cost of the insurance policy is paid by the policy itself.

After the Event insurance can also cover any shortfall between your solicitor´s total legal fees and those which is are considered to be appropriate by a judge; however conditions also apply to this type of insurance and you may forgo the benefits of the policy if you reject an out of court offer of settlement when advised to accept it by your solicitor, or you change solicitors mid-way through your “No Win, No Fee” construction accident compensation claim and your original solicitor demands a success fee as well as the regular legal fees owed to him or her.

“No Win, No Fee” Construction Claims Solicitors

“No Win, No Fee” construction claims solicitors make a decision on whether they will take your case on a conditional fee agreement based on the strength of the claim. As a rule, if your claim for construction accident compensation is 75 percent or more likely to be successful you will usually be offered “No Win, No Fee” legal representation. However, pursuing a claim for construction accident compensation under a “No Win, No Fee” agreement is no guarantee of success; in the same way as if a solicitor declines to represent you in your construction accident “No Win, No Fee” claim for compensation it is not an indication that you have a weak construction accident claim.

Each construction claim is accepted or declined on its own merits after a thorough assessment of your accident and injury has been made. Factors such as the cost of preparing “No Win, No Fee” construction claims, or whether alternative funding sources would be more appropriate in your specific circumstances, will be taken into account along with the potential value of your “No Win, No Fee” construction accident compensation settlement. The decision regarding your construction accident “No Win, No Fee” claim for compensation might also be influenced by proposed changes to the way in which “No Win, No Fee” construction claims are to be handled.

Forthcoming Changes to “No Win, No Fee” Construction Claims

“No Win, No Fee” claims for construction accident compensation were originally offered by solicitors in 1995 following a Government announcement that it was withdrawing access to Legal Aid for many types of personal injury claim. The Government has new plans to further restrict access to Legal Aid in the Legal Aid, Sentencing and Punishment of Offenders Bill 2012 and also intends to impose changes to the way in which “No Win, No Fee” construction accident compensation claims are handled. Consequently, if you have sustained an injury in a construction accident for which you were not to blame, and would like accurate and current advice about making a “No Win, No Fee” claim for construction accident compensation, you are advised to seek professional legal advice as soon as possible.

Free Advice for “No Win, No Fee” Construction Claims

Our Construction Injuries Compensation Service offers free, practical legal advice without obligation if you or a loved one have sustained an injury in a construction accident for which you were not to blame. By calling or completing one of the call-back request forms on this page, you will be able to discuss the circumstances of your construction accident with an experienced “No Win, No Fee” construction claims solicitor who will answer any questions you may have about making construction accident “No Win, No Fee” claims for compensation.

Our Construction Injuries Compensation Service is available twenty-four hours a day, seven days a week, and any personal information disclosed to our solicitors is completely confidential. Whether you would like to establish that you have a claim for construction accident compensation which is worth your while to pursue, require an indication of how much construction accident compensation you may be entitled to receive or need to know what procedures should be followed to qualify for “No Win, No Fee” construction claims for compensation, call ConstructionInjuryClaims.co.uk today on .


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