To Engage Professional Solicitors
Research has revealed that most accident and personal injury victims do not take recourse to legal action as the litigation costs prove to be very expensive keeping legal aid out of the reach of the common man. Most countries other than U.S. also impose the expenses incurred by a defendant in a lawsuit upon the plaintiff, if the final verdict should go against him.
Some solicitors who work on a 'no win no fee' basis, are quite preferred because such solicitors agree to take up such personal injury, accident and wrongful negligence cases on an understanding that they are not entitled to any fees from the clients if the case is lost in court. These terms are generally spelled out in the Conditional Fee Agreement (CFA) which is the standard agreement for all such cases.
UK law dictates that the losing party bears the expenses of the winning party's legal costs. According to this law the court will direct the defendant to pay the legal expenses incurred by the successful plaintiff including his solicitor's fees. The danger lies herein that should a claimant lose a plea then he would be liable for the defendant's legal costs as well which is a major discouraging factor for victims. Solicitors also need to look out for alternate payment options for their services as the 'no win no fee' clause disbars them from being paid should they lose the case. To counter such problems the 'No win no fee' cases generally proceed with an After the Event Insurance.
An ATE policy is your insurance against recompensing defendant's expenses when you lose. The ATE policy will cover all litigation costs in the event of failure and will also include payment to solicitors. The ATE insurance is your trump card ensuring that you do not pay anything even if you lose the case. The premium payments for this insurance become liable only after the verdict and then too only if the lawsuit has been won. In fact ATE insurance may also not be necessary if your vehicle / medical or other related insurance include options to cover litigation costs as well.
Another important point – The draft of the CFA should include a 100% compensation guarantee which prevents solicitors from taking a portion of your winnings. With all these practices in place, justice is now within reach of the rich and poor alike.
For more information, be sure to visit the following:
No win no fee solicitors
No win no fee litigation
