We are operational and have comprehensive plans to continue to assist existing and new clients. If you wish to make a new enquiry our Solicitors are here to help 9 am to 9 pm. We continue to accept new cases and recommendations through the website, by email and telephone. We are now carrying out meetings ‘face to face’ if requested. The reception is open for new clients and for pre-arranged appointments only.
Most personal injury firms offer a ‘no win no fee’ scheme for their clients, but what does this actually mean and do all solicitors offer the same terms?
‘No win no fee’ simply means that if your claim is unsuccessful, you will not be charged. Some solicitors do ask their client to pay for expenses such as medical reports if the claim fails. However, the most likely scenario is that there will be nothing to pay.
What happens in the event of a win?
Since April of last year, solicitors have been forced by the government to charge their clients a success fee rather than the insurers. The success fee charged is usually 25% of the compensation recovered. In addition, some solicitors charge an insurance premium. They insist the client takes out a policy to pay for expenses if the claim fails and premiums can range from £35 to £1500.
At ASD, I insist on transparency so the client knows exactly what they have to pay and when. If the claim fails, my client never has to pay a penny unless the claim brought to us was a dishonest one. If the claim succeeds, all the client pays is a fixed success fee. There are no premiums to pay or loans to take out, my firm funds the claim and if it fails, we pay the expenses. The success fees we charge are never 25%, but range from 10% to 20%, plus VAT of the compensation recovered.
A clear policy from a local firm, that still offers a home visit by a solicitor.
Failure to Wear a seatbelt – effect upon Compensation
In a road traffic accident, where a Claimant fails to wear a seatbelt, an insurer will almost always seek to deduct 25% from the compensation claim.
In reality it is not as straightforward as an insurer would have you believe. Firstly, the burden of proving the deduction rests firmly with the opponent. Secondly, the standard deductions are not as simple as reducing the claim by 25%.
The standard applicable today is set out in Froom v Butcher (1975) as follows:-
No deduction where use of seatbelt would not have made any material difference to the injuries suffered;
25% deduction if the failure to wear a seatbelt made all the difference, in other words the Claimant would have been uninjured or virtually uninjured;
A deduction of 15% in other cases, in other words cases where the Claimant would still have suffered an injury, but the injury is more severe because of the failure to wear a seatbelt.
If you have suffered serious injury, a 25% deduction will be considerable. As always, instruct a local solicitor who specialises in personal injury claims to ensure you get the right result.
Accident
victims who have suffered a serious injury require immediate attention, in our
view. After 35 years’ service to the people of Sheffield and elsewhere, these
are the matters which we regard as most important.
Immediate
attention
We
see new clients within 3 hours of receiving a telephone call. We tend to visit
clients in their own home (or in hospital) because we find clients prefer this.
Alternatively, we welcome clients in our office if they wish to come to us.
Solicitor
representation
All work on behalf of clients is carried out by a qualified Solicitor. This is not the case with every firm. From the moment we meet a client their interests are looked after by an experienced Personal Injury Solicitor. Each case is allocated to a Solicitor with at least 10 years experience in personal injury litigation and who is familiar in dealing with very high-value cases.
Immediate
Action
We send out a letter of claim to the guilty party the same day we meet a new client. There is no delay. This culture of ‘immediate action’ continues throughout the ‘life’ of a claim, it leads to the settlement of cases or a court hearing (where unavoidable) in the least possible time. No Client wishes his or her claim to go on a moment longer than it needs to because it is stressful.
Interest
Free Loan
Accident victims having suffered a serious injury will be unable to work and often are completely without money. In most cases, we help clients by making an interest free loan to them.
Rehabilitation
Treatment
We
can arrange treatment immediately to assist recovery. This is vital if a speedy
and full recovery is to be achieved – it is free to our clients.
Information
/ Access
We
update our clients regularly in relation to the progress of their claim. We
always return calls and answer letters promptly. If you have a query, pick up
the phone and speak to us anytime. We are always available. Regular contact
keeps the stress level down!
Our
Goal
Our aim is to win compensation for our clients in the quickest time possible but always at a level consistent with the “going rate”! That is to say, the amount a court would award if the case went to court.
Court
Most cases result in an out of Court settlement, compensation being agreed between the parties. If an agreement cannot be reached, then a court decides the appropriate level of compensation for injury and financial loss. We strive to reach out of court settlements because we understand that a court hearing can be stressful for clients.
Our
Promise
The service provided is on a no win no basis with a low success fee, normally 10% plus vat of compensation recovered.
You will be dealt with by a Solicitor from the Serious Injury Team throughout the life of your case.
We will give you an interest-free loan of up to £2500, if required
We will arrange an immediate needs assessment to be carried out by a rehabilitation company
We will, at the earliest opportunity, secure an interim payment for you
You will be seen ‘face to face’ throughout your claim