Jackson Report Could Threaten Justice for Personal Injury Claimants

The controversial proposals set out in Lord Justice Jackson’s civil litigation report threaten to affect one group of people more than anyone else – the innocent victims of accidents.

A 557-page dossier of proposals addressing legal costs in ‘no win no fee’ cases has recently been brought to public attention. The subject was researched by Lord Jackson after an increasing feeling of concern regarding the amounts lawyers were charging in ‘success fees’ following a legal case.

The main proposal within the report suggests that instead of lawyers charging the ‘losing side’ their legal fees when they win a case, the claimant should be the one responsible for the solicitor’s payment by handing them a portion of their compensation.

Under current legislation, claimants are financially covered in the event their lawyer loses a case. This is because After the Event Insurance (ATE) is taken out on their behalf when the claim is accepted. However, if the lawyer wins the case, the cost of acquiring this insurance cover becomes payable by the liable party.

Another suggestion includes capping solicitor’s fees to 25% of the awarded compensation. To help recover these costs, the claimant’s compensation amount would be increased by 10%. Whether this is enough to make up for solicitors taking a cut of the compensation is yet to be found.

‘No Win No Fee’ agreements have been widely used in personal injury claims for the last decade. The system has made it possible for those on lower incomes to afford the legal costs of acquiring a solicitor when they have been unfairly injured. It helps to get them the compensation they deserve when they have been forced to take time off work. It can also help to pay for medical costs when they have suffered a road accident, an accident at work, medical negligence or any other accident that was the fault of somebody else.

Confusingly, what the report was supposed to look at in the first place – reducing the escalating fees of lawyers, may have failed to do just that. In a country that is meant to offer ‘justice for all’, it seems that those who are injured in accidents may be the ones who end up paying the price for the mistakes of others. Lord Jackson’s report runs the risk of destroying the very nature that this civil justice offered in the first place, and the system on which it is based could be preparing to take a big step backwards.

Making a claim for personal injuries

By looking through our compensation claims UK pages you can see that for over a decade we have been assisting people to recover financial damages sustained from receiving personal injuries in various circumstances. Whether you have been involved in a road traffic accident or had a mishap at work, we can help you through the whole process, from initially submitting your claim, through to the settlement stage. Although there is usually a three year period for most types of cases, during which you can make a claim for damages, the sooner you can start, the better. You will find that witness statements and other documentation are easier to obtain the quicker you move, and if the case does go to court then the incident will be fresher in people’s memories. There are various accident compensation claims and throughout the site we offer more information on the details of dealing with different types of injury. We will do our very best to ensure a successful conclusion to any cases that you wish us to deal with, whether the incident occurred a few hours ago or a couple of years ago. As long as it is within the legal time limit for making a claim then we are happy to help. We have a panel of solicitors that specialise in different areas, so you can be sure you are receiving excellent legal representation. Our advice and help will not cost you any money and you will receive 100% of any damages recovered.

Car accident compensation claim

If your injuries were a result of an accident on the road then, in addition to our normal services, we can also arrange the recovery of your car, any repairs that are necessary, and the provision of a replacement vehicle whilst yours is being fixed. We understand that the period after having a car accident can be a very stressful time for you and so offer this service to relieve you of some of the hassles involved in the aftermath. Because we aim to recover all costs from the party at fault, assuming you were not responsible for the accident, the expense of repairs to your vehicle will not have to come out of your own pocket. For more information on specific injuries we have a whiplash compensation claim page, amongst others, that will give you a better idea of the damages you could recover, as well as the diagnosis process. The fact that the person at fault will be responsible for covering all your costs if your claim is successful, also means that you will not have to use your own insurance cover and possibly lose your no claims bonus. There are a number of steps that you should take immediately following an accident on the road, which you can read about on the relevant section of our site. It is a good idea to familiarise yourself with these steps so that you do not forget them, as you will quite possibly be a bit shaken up at the time.

Work injury compensation links

These are on our site to guide you through what may be involved in making a claim if you are injured at your place of work. As with car accidents, it is important that you get witness statements as soon as possible, fill in the required company paperwork covering such incidents and take photographs of the area where the accident occurred. These can be especially helpful in work-related cases and could make all the difference between a successful outcome and an unsuccessful one. If the accident was 100% your fault then unfortunately, as with other types of injury cases, we will not be able to help you. Assuming it was not then contact us to see what you can do. Accident at work compensation explains how the damages may be assessed – the extent to which it may have been your fault will affect how much you may be able to claim. It might still be possible to make a case even if you believe that you caused the accident yourself. If you have not received the relevant training for the work you were asked to carry out for example, then your company may still be liable for any damages. Take some time to read through the advice under the Accidents at Work section and then give us a call if you think that you may be entitled to some compensation. There is more work accident compensation information here to help you.

Medical negligence

These kind of cases can be quite traumatic for the victim. We can give you a free assessment of your particular case and advise you on the best way to proceed in the event that you think you have suffered as a result of medical malpractice or negligence. We are affiliated with medical experts who can be of great assistance in any court cases resulting from the action, although most of the time these types of claim are settled out of court. Whether your treatment was carried out at a National Health Service facility or a private hospital we can help you to recover any damages that you may be entitled to and the personal injury compensation pages of our site have more information on what sort of things you may be able to claim for. There are various types of things that affect the amount involved, such as loss of earnings due to time off work and our solicitors will put together a comprehensive case in order to get the best result possible. Although of course any financial gain cannot make up for the pain and suffering that sometimes follows mistakes in medical treatment, it can at least relieve you of the worry of having the means to take care of your family during any period of convalescence. You can find out more about the negligent medical procedures we have successfully claimed for by clicking on the claims for compensation links dealing with this subject.

Industrial diseases

Apart from injuries that occur from accidents at work, sometimes people may develop a disease owing to hazardous substances they were exposed to while working for a company. It is also possible to suffer permanent injury as a result of repeated use of certain types of industrial equipment. Any type of machinery that causes your body or parts of it to vibrate, may cause damage to muscles and nerves which you might be able to claim for. Construction workers are one of the most likely groups to encounter these problems and there are symptoms you can look out for which may indicate that you are suffering from one of these conditions. Have a look at the injury compensation claims part of our site dealing with industrial diseases and illnesses if you think that you could be suffering from a condition resulting from prolonged use of tools or machinery at work. As an employee you are responsible for taking any practical precautions and using the equipment in the manner that you have been trained to – the information in this area will be able to help you assess whether you have a valid case or not. It also has a list of some of the more common conditions encountered, how they may be caused and if it is likely that you are, or have previously been, at risk of developing any of them. You can also find no win no fee compensation details which explain this type of agreement.

Getting the ball rolling

After you have read through our site and you think that you may have a case against a third party for injuries or illnesses that you have suffered from, the first thing to do is to get in touch with us to discuss the details. You may either use the toll-free phone number shown at the top of each page or, if you prefer, you can fill in your name and phone number on the form provided and we will call you once you have submitted it to us. We are dedicated to giving you the best possible service that we can, whatever type of claim you wish to make. Our criminal compensation page has advice on what to do if you have been injured as a result of an assault or other illegal activity. As with all the other types of claims that are discussed on our site, we have solicitors who are experts in this particular area, who can quickly assess your situation and advise on the chances of a successful outcome. You can read testimonials from satisfied customers and more about how we operate before you get in touch, but we are sure that you will be happy with the service that you receive once you do contact us, as we constantly monitor and train each member of staff on our team. We have various compensation claim solicitors who will that explain the legal aspect in more detail but please do call if you have any questions at all.