Tuesday, April 21, 2009

Who Pays The Legal Fees If You Make An Accident Claim?

By David Halbert

Accidents are not a new thing. They happen every day, sometimes bringing about nominal losses and sometimes, heavy losses. Nominal losses are generally not considered worth claiming, so they make no issue. Accidents causing big losses generally pave their way to the courtrooms for claims. It is obvious that the hit party files the claim. They claim is filed to get compensation as an aid to recover from the losses of the accident.

Generally, people do not consider going for accident claims thinking of the expensive fees charged by the solicitors. It is a common idea that solicitors do nothing for nothing and they charge a person even for a legal advice. For this reason, individuals hesitate to submit an accident claim. No matter, it is essentially important to understand that while going to submit a claim, how your solicitor is going to get his fee.

Most often, the solicitor taking up a case of an accident claim has to charge his fee from the opponent. He gets his fees from the opponent's insurers. It is important that you choose your solicitor carefully, the one with a good reputation of winning road accident claims, because he would be able to present your case in the most appropriate manner.

Many solicitors offer their avails saying 'no win no fees'. In that matter, there is a chance that the claiming individual is the one who will be bearing the legal charges. However, it should be crystal-clear that the lawyer is not entitled to get a single penny from the claimer even if the case is lost in the favour of the defendant.

These road accident requisitions are generally of two kinds; claims for body wounds, and claims for car damages. Therefore, requisitions differ from case to case. If there are more B.Is i.e. Bodily Injuries, the requisition must clearly state so, and if the car losses are more, then the claim should be loud about them.

One important thing to notice regarding the legal fees is that while signing an agreement with your solicitor, one must read the clauses of the agreement carefully. A person must understand each and everything stated in the agreement. Beware of clauses stating that the client will be payable or responsible for any out-of-pocket expenses, which include claims for medical treatment and its expense, and request for time to make the case stronger. Remember, all expenses are on the opponent and the solicitor cannot put them on the claimer, to be charged from the compensation he gets.

Whilst going for an accident claim, an individual must also know exactly until when he can file a claim. In the United Kingdom, a claim for remittance can be filed within 3 years of the accident date. The lawyer will require the medical reports to evaluate the amount to be requested.

The proclamation cases are often settled down within 6 to 9 months since the submission of the claim. Nonetheless, it is better not to take the case to the court and conciliate it outside the court.

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