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F.A.Q.s

 

13 STEPS TO SUCCESS

 

 

 

WHY ACCIDENT ACTION

  • Using solicitors without specialist experience can result in a failure to obtain maximum damages.

  • Instructing a solicitor through a middleman may result part of the damages being siphoned off unnecessarily rather than being paid to you.

At McEwens Solicitors our aim is to help victims of accidents to recover the maximum compensation. We have developed a specialist computer system over the past 10 years to ensure that our team provides the best possible service at to you and AccidentAction brings the advantages of this experience to web-based clients.


Our aim has always been that our clients should receive as much of their compensation as possible rather than losing some of it to pay for medical reports or middlemen.


Rules recently set out by the government help in this, but the rules are complicated and must be followed!

  1. You must enter into a contract with a solicitor (a "conditional fee agreement") the essence of which is as follows:

    i. You agree to pay your solicitor's fees for acting for you (the "basic costs") plus an additional percentage of those costs ( a "success fee") if you win your case. The success fee is to cover both the cost to the solicitor of running the case without funding until it is finished and the chance of not getting paid at all.

    ii. You do not pay any solicitor's fees if you do not win

    iii. The agreement will set out who pays for the "disbursements". These are the monies that are paid out to other people as part of preparing your case, e.g. for a medical report or for court fees.

  2. We may recommend that you take out insurance to protect against the risk of having to pay the other side's costs if you lose the case after court proceedings have been issued. The cost of such insurance varies with individual cases, but it might be in the order of £400. It may be possible to arrange a deferred payment or conditional premium for this insurance. (Clients who have an existing legal expenses insurance policy, or who belong to a trade union may not require insurance or a conditional fee agreement. Please let us know if these circumstances apply. For very large cases, legal aid may be available to assist the funding of certain disbursements.)

  3. The "loser" will be ordered to pay the "winner's" costs and disbursements. These costs are limited to those costs that are reasonably incurred in progressing the action.

  4. For agreements entered into after the 1st April 2000, that part of the success fee that relates to the risk of losing the case and a reasonable insurance premium can be included in the costs claim.

Beware of companies requiring large insurance premiums. Much of what you pay for may be marketing costs and commission. These elements cannot be claimed from the other side and will probably have to be paid by you!

Check before you sign.

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is part of McEwens Solicitors of 9 Commercial Road, Swindon, Wiltshire

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