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Using
solicitors without specialist experience can result in a failure to
obtain maximum damages.
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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!
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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.
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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.)
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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.
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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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Complete
our WHAT NEXT? QUESTIONNAIRE or
E-Mail
accident@mcewens.co.uk or
phone 01793 649277
for
the natural choice for compensation claims
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