Your No Win No Fee Accident Claim - How to Get Started

If you have suffered an accident within the last 3 years you may be entitled to bring a legal claim for damages. The accident must have occurred due to someone else's negligence or where someone owing you a duty of care breached their duty resulting in your injury.

Common accident claims are brought against employers, motor insurance companies, local authorities and public transport providers. The injuries encountered range from orthopaedic fractures and brakes to mental distress and trauma. In order to win an accident compensation claim you have to persuade the court that the 3rd party acted negligently and as a result of this negligence you suffered an injury. If it is appropriate you may be able to prove that the 3rd party owed you a duty of care, for example your local council, you would then have to proceed to show that a breach of this duty caused you the accident.

Numerous solicitors will now retain accident claim cases on a 'no win no fee' arrangement (or conditional fee agreement as it is also know). This arrangement protects the interests of the victim as if the case is lost then they do not have to pay any legal fees.

The following basic steps should be taken in order to initiate a personal injury claim:

Step 1 - Instruct an experienced accident claim solicitor.

- The solicitor should meet with you and discuss the circumstances and results of your accident. If you are physically restrained due to your injury then the solicitor should come out to you at home or the hospital.

- In light of the information you provide he/she will be able to make a judgement on your claim's prospects. The solicitor will also be able to ascertain who was to blame for the accident and whether this 3rd party acted negligently or owed you a duty of care.

- If you decide to instruct the solicitor to pursue the claim then this will be done either on a fixed fee or no win no fee arrangement. The solicitor will proceed to contact the relevant 3rd party on your behalf and assert the blame on to them. They will also inform the 3rd party of your intention to bring a claim for compensation.

- Depending on the result of this initial correspondence, your solicitor will initiate a formal legal claim following the pre-action protocol for personal injury cases as defined in the civil procedure rules.

Step 2 - Collate all the relevant information needed.

- The following documentation and information should be gathered together and kept in a safe place as evidence for your claim; diary of events, hospital appointment cards, prescriptions for medications, expenses receipts, receipts for any equipment or services rendered for your injuries and copies of your wage slips.

- If you suffered the injury whilst at work, then you get a copy of your employment contract.

- You should contact your GP or hospital doctor and provide them with written confirmation that you are happy for your solicitor to have access to your medical records.

Step 3 - Instruct an expert witness.

- Your solicitor will use the details of your claim and information taken from your medical records to establish what type of medical expert is needed.

- A medical expert will be instructed to help determine the cause and extent of your injuries.

- Evidence taken from this expert witness can be used to aid negotiations with the other side's solicitor. The aim of this is to obtain an offer to settle rather than having to take the case to court, thus receiving compensation for the victim without incurring large legal expenses. Only 5% of personal injury claims end up being resolved in court, this highlights the importance of formulating a strong case early on in order to negotiate.

If you believe that you have suffered a personal injury due to the fault of another, whether this is wholly or in part, then contact a solicitor immediately to find out if you can make a no win no fee accident claim.