It is extremely unlikely a reputable solicitor will accept a case, based on the details you provide them with, if they believe it is unlikely to succeed. Every solicitor “risk assesses” a case before agreeing to take it on so they can analyse the chances of the traffic accident compensation case being successful.
When you present your case to a solicitor they will investigate the merits of your traffic accidentcompensation claim and decide if there is a good chance of your case being settled. If a solicitor determines you are likely to succeed they will offer to proceed on your behalf. You will usually be offered representation on through a Conditional Fee Agreement (CFA), also known as “no win no fee.”
Making a claim under the “no win no fee” agreement means that your solicitor is agreeing to share the risks of your claim with you – all of the costs you incur will be sought from the other side when your solicitor settles your traffic accident compensation claim successfully.
Generally, an insurance policy, known as After the Event Insurance (ATE), is arranged for you which will guard against the possibility of you having to pay the other side’s costs should your traffic accident compensation case be unsuccessful. If you do not already have a Legal Expense Insurance policy, your solicitor will usually have an arrangement in place with a provider who will cover you.
Making a “no win no fee” claim is a safe and cost effective way of ensuring that you are not lumbered with the legal fees in the event your claim is not successful – solicitors do not accept cases that are likely to be unsuccessful. If a case is unsuccessful, the solicitor does not get paid so they are unlikely to take any unnecessary risks, legally or financially.
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