No win . No fee Scam ?

[modeller]

What is the catch with the no win/ no fee ads?. Could it be that whoever loses has to pay the other sides legal fees plus court expenses or/and the lawers on both sides have agreed to share the fees whatever the result ? Either way if you lose it's going to cost you a packet.

[Postdog]

I didn't look at the link, but basically they won't accept anything they might not win, and the sort of cases they take are those where there is or should be insurance in place, who then end up paying for it all.

[Teleph0ne]

when an employee has an accident and instructs one of these vultures they send the employer a long list of required documents to prove that the employer was neglegent or not, if the employer can supply all the documents and everything was in order then they won't take the case. If they can't supply the documents then they will automatically lose the case and it is clear cut.

[humpy07]

I wouldn't say that they are scams, but I would be more inclined to go to a proper local firm, where you're actually going to have a solicitor acting on your case, as opposed to an unqualified case worker.

The 'No Win, No Fee' is based on insurance policies - either you will hold a Before the Event insurance policy via your motor or home insurance (check your policy and it should be listed as Home Legal Cover etc) in which you should contact the Legal Expense Provider in the first instance, as they usually decline cover to your own solicitor until court proceedings have been issued.

If your home / motor insurance does not include such cover, your solicitor will apply for an After the Event policy, where they set out the facts of the case, and must confirm whether they believe that the case has more than 51% chance of succeeding.

Use of these policies is only necessary if you lose your case. Your solicitor will then apply to have his fees paid by the insurance company. Also you may be required to pay the defendants costs, which will also be covered by the insurance.

Hope this clears it up some.

[buildersmate]

Surely the shorter answer is that the only winners are the solicitors, the only losers are the insured, through higher than necessary premiums, in order to pay the vultures.

[JanineG]

Postdog - the Solicitors are unlikely to take on a case without "adequate" prospects of success, as they will have to write off their costs if the case does not succeed. That said, each case has its own risks and every Solicitor who offers a "no win no fee" agreement will at some stage have had to write off their own costs.

TelephOne - Employer's liability claims can be extremely complicated but an employer's failure to comply with Health and Safety leglislation CAN be used as evidence that they have failed in their duty to the injured employee. Failure to comply does not, however, automatically mean that the Defence will be unsuccessful. The cases are no where near as cut and dried as your response suggests. If an employer can prove that they have complied with all of the statutory regulations, that does not necessarily mean they can evade liability for negligence.

Humpy07 - if an After The Event Insurance Policy is taken out, it usually covers only the opponent's costs and own disbursements - the Solicitors costs of acting will still be written off if the claim is unsuccessful.

Buildersmate - are you suggesting that if you got knocked down while crossing a road and ended up in a wheelchair you wouldn't wish to pursue a claim for damages? Its very easy to call people vultures when you haven't been a victim yourself.