We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Mobile friendly number:
0333 240 0871
Before 1995, if you had an accident that wasn't your fault and you were on an average income, you probably wouldn't have considered seeking justice. Back then, getting a solicitor and going to court was only afforded by the very rich, who could afford the fees, or the very poor, who qualified for legal aid. Just over a decade ago, no-one knew what was a no win no fee' compensation claim.
However, in 1995 conditional fee agreements (CFAs) or no win, no fee' deals were introduced for a range of court cases in England and Wales. Three years later, in 1998, no win no fee' was made applicable to all civil cases excepting action in the family courts. It was hoped by government ministers that CFAs would mean greater access to justice.
Further changes occurred in 2000 when the 1999 Access to Justice Act came into force. It meant judges could make the losing party pay the extra costs that came with conditional fee cases. At this time legal aid was also abolished thus making sure everyone was on a level playing field.
However, as these changes came into force a barrage of abuse from the press appeared claiming that the new laws had cultivated a "compensation culture" of greedy money grabbers who would fake a trip or a slip in order to get some quick cash.
Yet personal injury claim statistics do not appear to back up these accusations. Accident cases are notified to the Compensation Recovery Unit of the Department for Work and Pensions so that efforts may be made to recoup disability benefits and NHS treatment costs from the parties who were at fault.
Cases involving accidents at work have fallen from 97,675 in 2000/1 to 68,497 in 2007/8.
It has been argued that no win, no fee' leads to frivolous and fraudulent claims, but lawyers state that unless a claim is strong they are unlikely to follow it up, as they stand to lose financially every time a case does not get to court or is lost. It is not in their interest to pursue a weak or laughable claim.
As a concurrent theme with compensation culture, no win no fee' has been blamed for creating a "risk averse" culture where games of conkers are banned, playgrounds are closed and apple bobbing is seen as a drowning risk.
However, the House of Commons Constitutional Affairs Committee produced a Compensation Culture report in 2006 that vindicated personal injury litigation.
It said risk aversion had occurred due to, the report said, "complex causes, including advertising by claims management companies, selective media reporting, a lack of information about how the law works, and on occasion, a lack of common sense amongst those who implement health and safety."
It should be argued that with greater awareness of the risks associated with negligent practices, many employers and managers of places frequented by the general public are now all too aware of no win no fee' and the availability of justice to the masses. A risk averse culture could be more appropriately be called a "safer culture"
Making a no win no fee compensation claim with YouClaim
If you have been involved in an accident where you were not at fault you may be able to make a no win no fee' compensation claim with YouClaim. You can fill in an online claim form or request a time for us to call you back or simply call our helpline on 0800 10 757 95. Rest assured you will be getting the best help possible.
