Last updated on November 20th, 2021 at 09:17 am
Can a personal injury solicitor win your claim? According to the law, if you are injured and it was no fault of yours, you are entitled to claim compensation for the pain and suffering you experience as a result of the injury. You are also entitled to claim compensation for all medical and non-medical expenses related to the injury.
There are three things you will need to prove for your compensation claim to be successful:
- That the accident happened and it was no fault of yours
- That the accident happened as a result of negligence or breach of a statutory duty
- That your injuries and the subsequent expenses and losses that you wish to be compensated for occurred as a result of the accident
For most people, the big question is, when you suffer a personal injury in an accident that was clearly the other party’s fault, do you need a personal injury solicitor or can you simply fight the case yourself? In such cases, it is natural for you to think you have a straightforward case and it should be easy to represent yourself and win your compensation case without the help of a personal injury solicitor.
In theory, that is exactly how it should be. However, while the law seems unambiguous when it comes to personal injuries, the reality is riddled with obstacles. It is only when you actually start the process of filing the claim yourself that you are likely to come across several complications that could make this process very tedious and difficult. Also, without proper knowledge of the law, winning the case could be doubtful.
What Does A Personal Injury Solicitor Do That Is Different?
Experienced personal injury solicitors are familiar with the various nuances of the personal injury law. They’ve pored over precedents and know what will work and what won’t. More importantly, they know which facts they can use and exactly how to present them to build a strong compensation case whilst staying on the right side of the law.
Also, because they would have handled several other cases before, they would be more familiar with how insurance companies and various other governmental and legal departments work and who they need to contact within each of these departments when they need to get any kind of documentation or information. This can move the process along much faster.
The Risk Factor
Claiming for a personal injury is a major concern not only for you but also your family and depending on how severe the injury and its effect on your earning potential, it is something that can change your life completely.
The consequences can be far-reaching and can range from pain and suffering to decline in quality of life, mounting medical expenses, loss of present income and loss of potential future income as well. With so much at stake, you really cannot afford to make even a small mistake when filing a personal injury compensation case. A small slip up is enough for the other party’s solicitor/lawyer to turn the case around in their favour. Is it really worth taking that chance?
Any person who has gone through the compensation claim process before will always advise against filing the case yourself and instead getting it handled by an expert professional, which would be a personal injury solicitor.
The ‘No Win No Fee’ Clause
If you are still hesitating about hiring a personal injury solicitor because you do not want to risk or you just cannot afford the down payment on the solicitor’s fee, you should know most personal injury solicitors operate on a ‘No Win No Fee’ clause. Basically what this clause means is the solicitor will take up your case and fight it for you in court without any down payment. You only need to pay the solicitor if your case is successful so you are not really risking anything.
There are of course two stipulations to the ‘No Win No Fee’ clause:
- The solicitor you approach will first evaluate your case thoroughly to determine your chances of winning. Because they are taking the risk of taking up your case without any fee, they will only consider taking it on if you have a strong case.
- Upon winning the case, you will have to pay the solicitor’s fee, which is usually a percentage of the total settlement. This percentage varies from one solicitor to another and you will have to sign a contract agreeing to the exact amount before the solicitor agrees to represent you.
Considering that your chances of winning are higher if you hire a solicitor to represent you AND you will not be out of pocket till you have actually received the money from the other party, it definitely makes more sense to hire a personal injury solicitor rather than try and fight your case yourself.
Contacting Our Personal Injury Solicitors
Call us today on one of our freephone numbers to speak with one of our expert personal injury solicitors to begin your personal injury claim or for any advice you might need. If it’s not a good time to call then you can fill out the form and we will call you back at a time that’s better for you. Even if it’s simply some free advice you’re looking for related to a personal injury claim, we are happy to assist, and be assured that there is no obligation.