If you wish to claim compensation for injury , below you will discover some UK law trends you need to know, to help you become better informed about the claims process.
‘No win, no fee’ (Conditional Fee Agreements)
‘No win, no fee’ was introduced into courts in England and Wales in 1995, although the system was introduced 5 years earlier in 1990 by the Courts and Legal Services Act. It was introduced to level the legal playing field for ordinary people. Before 1995, if one suffered a personal injury, they had to pay legal fees to get a claim started. The introduction of ‘no win, no fee’ enabled people for the first time to bring a claim forward without having to pay legal fees. It also enabled people to make a claim with reduced risk. Today, 99.99 per cent of all personal injury claims are processed on a ‘no win, no fee’ basis.
Special Damages and General Damages
When you make a personal injury claim you will claim two types of compensation: General damages and special damages. General damages are the compensation awarded for injuries while special damages are the compensation awarded for financial losses related to an accident or injuries. With regards to the latter, you can claim back lost income including any overtime, medical costs, travel costs and out of pocket expenses. However, you will need to show receipts, bills and wage slips in order to make a successful special damages claim.
Limitation Act 1980
Under the Limitation Act 1980, all personal injury claims have a time limit to which they must be brought forward. That time limit is three years, and it starts either from the date the accident happened or from the date an injury, illness or disease was first diagnosed. This is known as the Date of Limitation or the Date of Knowledge. Under the Limitation Act 1980, after three years’ personal injury claims become statute-barred. This prevents them from being brought forward, except under exceptional circumstances and with a nod of approval from a court in England or Wales – and all cases are considered on a case-by-case basis.
Split Liability Agreements
A Split Liability Agreement is an agreement where both parties involved in an accident accept a portion of liability. Ordinarily, such an agreement arises out of a single claim, because both parties deny responsibility. Under such an agreement, it is common for the other side to accept a level of liability of 50 per cent or 25 per cent. If this happens, then the claimant will receive 50 per cent or 75 per cent of the original claim’s value. However, Split Liability can be contested by the claimant and successful contestations can take place if you or a lawyer can prove that you were in no way responsible for the accident.
