100% Compensation? Not For Much Longer

You have probably heard about the government's plans to make massive cuts to legal aid, but the Legal Aid, Sentencing and Punishment of Offenders bill, which was announced on 21st June, also contains some nasty provisions which will cut compensation to victims of accidents.

Under the current "no win, no fee" rules, accident victims can bring claims without having to cripple themselves financially. Solicitors take the risk that they won't get paid if the claim is lost. If they win, they get an extra fee called a "success fee" for taking the risk.

Labour took legal aid away from most accident victims and instead allowed them to recover this success fee from the losing defendant or, in most cases, his insurers. At the same time, claimants were allowed to recover the cost of an insurance premium to protect themselves against having to pay their opponent's costs if they lost.

As the success fee and the premium are therefore payable by the person who caused the injuries, claimants usually receive 100% of their compensation.

The new bill will change all that. It will make claimants pay the success fee and premium out of their compensation. It is likely that the success fee will be "capped" at 25% of the compensation which means many claimants will get only three quarters of what they are entitled to now. Paying the insurance premium will reduce the compensation still further.

It is understandable that people are reluctant to make claims, especially against their employers, but if they have lost several weeks wages or suffered serious injuries with long term consequences, they should speak to a solicitor now about making a claim. Provided they sign up to a no win, no fee agreement before the bill becomes law, they will still be able to recover 100% compensation. If you know anyone who has had an accident and isn't sure whether to claim, tell them to contact a personal injury solicitor urgently for free advice about making a claim.

Don't listen to people moaning about the so-called "compensation culture" which has been whipped up by insurers themselves. Two big insurers have just been forced to admit that they "sell" claims to claims managers and some solicitors. In order to make more money, they have encouraged people to make claims and then complained about the number of claims. If you have been injured, you are entitled to compensation for pain and distress and your financial losses.

Copyright (c) 2011 Marsons Solicitors llp

About the Author:
For more information on how to make a claim, go now to http://www.marsonsinjury.co.uk . Beth King is a solicitor and partner at Marsons Solicitors LLP. She specialises in personal injury and sits on High Court costs appeals as a solicitor assessor. She is accredited by the Solicitors Regulation Authority as a member of the Law Society's Personal Injury Panel. See also http://www.marsons.co.uk

Article Originally Published On: http://www.articlesnatch.com

Tags: no win no fee

, Legal Aid

, Sentencing and Punishment of Offenders bill

, 100 compensation

, success fee

, compensation culture

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