META: Despite the fact legal aid is no longer available in such cases, a personal injury solicitor may still be able to assist you on a ‘no win, no fee’ basis. Make every effort to secure representation in this way, if you feel you have a strong case?
Legal aid befor the year 2000, was available for personal injury claims. However, as with many areas of law, especially such things as head injury compensation etc, personal injury claims were becoming more and more costly to the UK tax payer and as a consequence, the Government felt obliged to cut off such access to people. Ensuring people who are unable to afford such a claim and can still have an access to justice, as meant that another method has, had to be found.
As unfortunate as it sounds and despite the fact that most people who are connected to the British legal systems would attempt to protest otherwise, the best levels of justice are only ever available for the super rich! Deep down, we already know that this is absolutely true. Legal aid would never have been stopped for personal injury cases in the frist place if the Government were ever trying to argue against this fact.
But, this has been stopped. So, when an accident was not your fault, where does this actually leave you? If you do not have the necessary funds to pay for their services then what personal injury solicitor will take on your case?
This is where a personal injury solicitor would have boxed very clever and devised a way around the Government’s cruel lack of compassion in this regard. You will have a strong case of a ‘no win no fee’ agreement if you satisfy a certain criteria.
The relevant criteria that will be assessed in this regard are as follows:
The accident must not have been your fault.
Legal entity or another person (e.g. a company) an accident they must have been responsible for. This liability would usually arise through their own negligence or through a breach of their duty of care towards you.
There must have been a loss suffered on your part in some way. This could be through pain and suffering or some direct financial loss that you are entitled to be compensated for.
Securing personal injury solicitors that will take your case on is difficult, but it is possible if the above criteria can be identified successfully. If you are unable to satisfy any of the criteria, you will not be able to progress with a claim. Unless you are willing to instruct and pay them yourself accordingly. Even then, they should be clear about your chances of success with the case from the very start.
When legal aid was stopped personal injury solicitors had to find a way of filling this void in the legal system. Other people’s misfortune can be other people’s gain, and it is true to say, that there are some companies out there who are simply trying to make profit out of this. When people have suffered an injury, which was not even their fault, and have suffered financially, then they have every right to try and recupe their money? It would be a very mean spirited person who attempted to argue otherwise (i.e. our lovely Government)!
