What is a Conditional Fee Agreement

A Conditional Fee Agreement (CFA) is the agreement between a law firm and its client. It enables a solicitor to take on a personal injury case, with the understanding that should they lose the case, the client will not pay for their services. This has become known as No Win No Fee.

What happens if I win the case?

If the client is successful in court, their solicitor will be entitled to their standard fee, plus an additional payment, known as a ‘success fee,’ which cannot be greater than 100 per cent of the solicitor’s standard fee.

So if I win, who picks up the bill?

If you win a No Win No Fee personal injury case, damages will be awarded by either the losing party’s insurers, or the Courts. The other party’s insurers will also be required to pay your legal costs, including any uplift of fees and any expenses you may have incurred. Make sure you keep a record of these throughout the duration of the procedure.

If I’m successful in a No Win No Fee claim, will most of my compensations go on lawyers fees?

No. With the majority of CFAs, you will have nothing to pay and will get to keep ALL of the compensation awarded by the court.

What if I lose, will I have to pay court fees?

In the unlikely event that you lose a No Win No Fee personal injury claim, or it is discontinued, you are protected by After the Event Insurance (ATE). This is a special type on insurance policy available, and it will usually be obtained by your solicitor after you enter into a CFA. AFE is designed to protect you from the risk of legal costs that could potentially be incurred should you be unsuccessful in your No Win No Fee personal injury claim.

What if I can’t afford to take out ATE?

Don’t worry, if for some reason you are unable to take out ATE, there are other alternatives to help you proceed sensibly with your No Win No Fee personal injury claim.

Legal Expenses Insurance

Before you proceed with your No Win No Fee personal injury claim, you should check with your current insurers whether you are already covered for Legal Expenses Insurance.  Often referred to as Before the Event Insurance (BTE), many policies cover this already as part of Household contents or Car Insurance. Additionally, some credit cards also include BTE insurance. It is important you make sure you have BTE insurance when making a No Win No Fee personal injury claim, as it will cover all the costs, whether you win or lose.

A recent report found that 48 per cent of claimants were covered as part of their car insurance policy, 35 per cent as part of their Home Contents insurance, and 17 per cent were covered as part of their travel insurance.

So check before you proceed!!

Legal Aid

Another financing option open to help fund your No Win No Fee personal injury claim is Legal Aid. This is a service offered by the Government, and although it is rare for it to be awarded in No Win No Fee personal injury claims, it has be awarded in the past for extreme circumstances. However, if you’re No Win No Fee personal injury claim involves Clinical Negligence, then Legal Aid is available to you.

Contact our experts for a free consultation, and we can quickly tell you whether you have a case or not … and remember you don’t pay us a penny if you don’t win your case – so what have you got to lose?

The most common reasons for making a claim for compensation are road traffic accidents, back strains (back injuries from lifting) or slips trips and falls. As the economic downturn has deepened the number of accident claims has risen dramatically. Experts have suggested that this trend has necessitated councils and companies to reduce their expenditure forcing them to neglect important health and safety issues.

The introduction of conditional fee agreements (CFAs) in 1998 was to make the legal system fairer for all. This arrangement with the lawyer or solicitor is what is now known as the ‘No Win No Fee’ claim. This means that a strong case will be heard in court regardless of the financial situation of the claimant.

Previous predictions that road traffic accidents would soar during the period of the economic downturn have actually been proved wrong. Analysts came to this conclusion due to the reckoning that more people would avoid their MOT and other vehicle checks without available cash to have the checks and any consequent repairs carried out.

Reports made by the Department of Transport showed that during the first year of severe economic decline from March 2008 to March 2009 the number of road traffic accidents decreased by no small margin; the numbers were down eight per cent with a report of a nine per cent fall in the number of people with minor injuries or suffering severe injury in that same year.

This could be simply because the current economic climate seems to have discouraged car use in general. With high levels of unemployment, fuel price rises and general strain on peoples finances people have definitely changed their driving habits. We know that people have stayed in more forgoing their usual shopping trips or eating out; which added to those who no longer have their usual journey to and from work due to redundancy or job loss would certainly account for the two per cent fall in car use over that year.

Despite all this, insurance companies have seen a rise in the number of personal injury claims being made. Figures produced by The Association of British Insurers (ABI) showed no win no fee claims at 9.6 billion last year and this figure is 8.8 billion more than two years previously. It certainly seems that individuals are more driven to make a claim in these difficult times than they seemed to be before the downturn, also that people are now more open to the idea of making a claim due to sustaining minor injuries like back strains due to muscle spasm or minor whiplash as opposed to only making a claim due to more severe and lasting problems. But all this may purely be down to the fact that people now know that they can make and win that claim…

Have you suffered an injury at work or on the road in the past three year that wasn’t your fault? Legal Request are one of the leading No Win No Fee personal injury claims specialists.

A courier company in the South of England has been fined after an employee broke a leg at its distribution centre.
The company was fined a total of £35,000, after the worker suffered the injury as he neared the end of his shift in early 2008. The employee, a porter at the courier company, was unloading a Heavy Goods Vehicle, ready to sort the parcels in order for them to be prepared for local delivery in the company’s smaller vehicles.

However, on this occasion, while he was still in the back of one of the smaller vehicles, the driver pulled away from the loading dock before the worker could alert the driver to his presence. As a result he fell from the smaller vehicle to ground and suffered a broken thigh bone.

Graham Tompkins, an inspector with the Health and Safety Executive commented that the accident should never have happened, and would never have happened if his employer had followed the correct risk assessment procedures.

He employer was aware that someone could be inside the back of a vehicle when it drove off and had produced a risk assessment to be issued to new drivers with their employment contracts, said Mr Tompkins.

However in this case the driver had not received a contract and had not seen the risk assessment.

Mr Tompkins went on to say that measures could have been put in place that would have prevented the accident from happening. He suggested that a control system such as a key cabinet to prevent drivers pulling away from the loading bay until the area is secure should be installed.

The company admitted breaching Section 2(1) of the Health and Safety at Work Act 1974 and was also ordered to pay an additional £5,134 in compensation cost at Bedfordshire Magistrates’ Court.

Section 2(1) of the Health and Safety at Work etc Act 1974 states:

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Have you suffered an injury at work or on the road in the past three year that wasn’t your fault? If so, don’t hesitate to contact us so we can help you with any work accident compensation claim that is rightfully yours…

Legal Request

The companies, fined a combined total of £283,332, were criticised in court for contradicting Regulation 8(1)(c) of the Lifting Operations and Lifting Equipment Regulations 1998 and failing to ensure that all lifting operations were carried out in a safe environment.

The accident happened when the employee in question was removing part of a container that turns crude oil into numerous chemical components, when he was struck by a container holding half-a-tonne of waste material. The object fell a total of 30 feet and landed directly on top of him.

The claimant, a father of three who had been working in the industry since 1991, suffered multiple injuries including a broken back, two broken legs, and a broken pelvis. The court was told how the victim had led a full and active life before the accident, and even helped run two junior football teams. However, since the accident he is now confined to a wheelchair and is coming to terms with a very different future.

Speaking in court, the victim said he had little recollection of the accident happening, although he did remember his co-workers going into the building ahead of him, but as he entered the waste material fell down on top of him. He praised the work of the medical staff that helped him recover after the accident, saying: “It was touch and go at first but thanks to the doctors I survived. Now I have to get on with my life in a wheelchair.”

He also added: “I have a simple message for all companies – safety has to be paramount.”

A Health and Safety Executive inspector also stated that he felt the accident was “totally avoidable” and that it had had a “devastating impact” on the claimant and his family.

The inspector also said the the scaffolding should have been constructed so that the lifting equipment was away from areas where people had to walk. “This case clearly demonstrates why it’s so important for companies to put the safety of their employees first,” he concluded.

Have you suffered an injury at work in the past three years that wasn’t your fault? If so, please contact Legal Request on freephone 0800 970 2907

There are four main diseases caused by asbestos:

• mesothelioma (which is always fatal)
• lung cancer (almost always fatal)
• asbestosis (not always fatal, but it can be very debilitating)
• diffuse pleural thickening (not fatal)

You should be aware that asbestos exposure will rarely affect you immediately. Often symptoms do not present themselves until months, sometimes years later. Therefore it is critical that you act now to protect yourself and your colleagues.
Smokers who are exposed to asbestos fibres are also much more likely to develop lung cancer than non-smokers.

Am I at risk?
While the levels of asbestos in the UK have fallen over recent years, it is important you are aware of when you are at risk. You are mostly at risk when:

• the building you are working in was built pre-2000
• Asbestos-containing materials were not identified before the job was started
• information about Asbestos-containing materials was identified but not communicated effectively to the people doing the work
• you are unaware of safety procedures regarding working with Asbestos
• you do not follow safety procedures regarding working with Asbestos

It is important not to worry excessively though. Always remember, as long as the asbestos is not damaged or located somewhere where it can be easily damaged it won’t be a risk to you.

Some other important things to remember about Asebestos
• You can’t see or smell asbestos fibres in the air.
• The effects of asbestos take many years to show up – avoid breathing it in now.
• Smoking increases the risk many times.
• Asbestos is only a danger when fibres are made airborne

Which industries are most at risk from Asbestos-related diseases?
If you work in any of the following occupations, and are working on a building built or refurbished before 2000, you may come in to contact with asbestos:

• Heating and ventilation engineers
• Demolition workers
• Carpenters and joiners
• Plumbers
• Roofing contractors
• Painters and decorators
• Plasterers
• Construction workers
• Fire and burglar alarm installers
• Shop fitters
• Gas fitters
• Computer installers
• General maintenance staff eg caretakers
• Telecommunications engineers
• Building surveyors
• Cable layers
• Electricians

Remember though, these are not the only industries that come into contact with Asbestos and you should always be aware of the dangers and safety procedures whenever you are working in a high-risk environment.

Who Can Make An Asbestos Claim?
If you have ever been exposed to Asbestos and you believe you have developed an illness as a consequence, then please do not hesitate to get in touch.

You don’t even have to be sure of where you may have come into contact, our experts may still be able to help.
It is also important to remember that Contracting an asbestos-related illness can also be caused by indirect exposure to asbestos; as a result of contaminated items. Asbestos fibres are carried on clothing and exposure to these clothes puts family members at risk of contracting asbestos-related illnesses.

If you think you may have been affected by Asbestos exposure, however minimal you think it may have been, please contact us and speak to our experts. After all, if you don’t ask you’ll never know.

After the accident she was taken to the Royal London Hospital, and was later taken to St George’s Hospital in Tooting.
The accident, which happened at the junction of Southampton Row and Theobald’s Road, means that Ms Elder is the 12th cyclist to be killed this year in London alone.

Following the accident, Ms Elder’s Facebook page has been inundated with messages of goodwill from grieving friends. Sophie Brearey wrote:

Dearest Dorothy, you were beautiful, kind, and amazingly talented. Forever you will remain in our hearts. Love you xxx”
Another wrote: “Words can’t express how sad I feel. St Martins is not the same without you! I will never forget your beautiful face, you were such a good friend and the most amazing model.

The accident highlights a growing problem in London and the South east of England. There has been a huge surge in the number of people now opting to cycle to work rather than drive or take public transport. The congestion charge and a more “eco” friendly ethos adopted by many has boosted the number of cyclists considerably.

Statistics released by the Office for National Statistics showed a total of 27,800 people were killed or seriously injured in accidents on Great Britain’s roads on weekdays during 2008, or an average of 107 people each day.

Jay Jones suffered head injuries and needed stitches after another toddler struck him 11 times on the head with a car jack while the pair were left unattended in a locked car. The incident, which happened in 2007, was only halted when the parents of Jones’ attacker’s parents heard his screams and returned to the vehicle.

The toddler’s mother, Renai Williams, 29, said:

I thought Jay was dead when I saw him first. There was blood everywhere and he was limp and lifeless – it was a sight no mother should ever.

Although Jones’ mother reported the assault to police, the attacker could not be prosecuted because he was under ten – the criminal age of responsibility, and therefore the claim must be against the government.

The family appealed through to the Tribunals Service after the Criminal Injuries Compensation Authority (CICA) had rejected their claim. The tribunal has now ruled that Jones qualifies for criminal injuries compensation, which could pave the way for numerous similar claims.

David Kirwan, the solicitor representing the Jones family said:

“It’s a landmark decision, there’s no previous precedent. It opens the floodgates and I’m quite sure there will be a lot of cases.” Mr Kerwan also argued that the age of the perpetrator was irrelevant to the compensation claim.

The ruling could lead to a number of claims by parents for playground attacks. Mr Kerwan added: “Scrapes in the playground shouldn’t attract awards. But there have been some serious incidents in the playground and around and about the school, and they have been turned down in the past by the CICA and now it does open the gates for compensation in these cases.”

The attacker, who cannot be named for legal reasons, has since been taken into care by local authorities.

The work accident compensation claim occurred when the claimant was working on a refurbishment project at the plant in a refinery in Cheshire. The worker was removing part of the concrete lining of the ‘cracker’ unit, where crude oil is turned into various chemical components. The court heard that the incident was caused by the materials being suspended above a walkway.

The claimant, a father of three who had been working in the industry since 1991, was struck by a container carrying 500kg of waste materials fell 30 feet and landed on top of him. He suffered multiple injuries including a broken back, two broken legs, and a broken pelvis.

Commenting on his accident, the defendant said:

“I can’t remember anything about what happened. Half a dozen people had gone into the building before me but then, as I went in, the waste materials fell on top of me.

“It was touch and go at first but thanks to the doctors I survived. Now I have to get on with my life in a wheelchair. I have a simple message for all companies – safety has to be paramount.”

The court heard how the claimant had led an active life before the accident, including running two children’s football teams. However, since the accident he is now confined to a wheelchair and is coming to terms with a very different future.

In court, the oil company pleaded guilty to contravening Regulation 8(1)(c) of the Lifting Operations and Lifting Equipment Regulations 1998, which states:

“Every employer shall ensure that every lifting operation involving lifting equipment is carried out in a safe manner.”

Commenting on the accident, a Health and Safety Executive inspector said that the incident was “totally avoidable” and that it had had a “devastating impact” on the claimant and his family.

The inspector added:

“The scaffolding should have been constructed so that the lifting equipment was away from areas where people had to walk. The landing area should also have been suitably protected.

“This case clearly demonstrates why it’s so important for companies to put the safety of their employees first.”

Legal Request

According to the Health and Safety Executive (HSE), last year more than 300 work-related incidents occurred across the North West each week – amounting to a total of 16,385 people killed or injured during 2009.

Statistics for last year show 22 people were killed at work across the region, 3,391 sustained major injuries and a further 12,972 suffered injuries requiring more than three days absence. The figures compare with 22 fatalities, 3,514 major injuries and 13,993 cases of injuries requiring more than three days absence in 2007/08.

Including other absences due to ill health caused by work activities, this equates to an estimated 3.5 million working days lost at a massive cost to the economy and individual businesses, which is why HSE says it makes perfect sense to make working environments safe.

Last year, HSE prosecuted North West firms for 100 breaches of health and safety legislation, and took action against hundreds more by issuing Prohibition and Improvement Notices.

David Sowerby, HSE’s Regional Director for the North West, said:

“Behind these statistics are the real life stories of thousands of workers suffering injuries and ill health. Together with their families, they have to deal with real hardship, pain and suffering.

The New Year is an opportune time to reflect on the number of incidents in the past 12 months, and to take positive action to improve conditions in workplaces.

The main causes of fatal incidents nationally remain falls from height and from workplace transport, with the highest numbers being found in the construction and agriculture sectors. For other injuries, slips and trips and incidents affecting the back and upper limbs are the most common cause.

Most of these injuries are entirely preventable. We implore businesses to take practical action to manage the risks people face in their day-to-day work.”

Britain boasts one of the best health and safety records in Europe but with 180 workplace deaths nationally last year, HSE says there is still much to be done.

The statistics also show that in Greater Manchester alone, there were 4,980 recorded incidents that led to workers being off work for three or more days.

The adverse reaction people have to excessive pressures or other types of demand placed on them at work

It is important to realise that stress NOT an illness, but a state. However if it becomes prolonged then it is possible for mental and physical illness to develop.

While well-organised and structured work is considered good for people, it can also be an enormous source of stress and anxiety to others. It is important to recognise that there is a distinct difference between pressure and stress. Pressure can be positive and a motivating factor, while stress occurs when this pressure becomes excessive. Stress is the body’s reaction to too much pressure.

What factors cause stress?
Stress affects people in many ways. While one person could find a certain situation stressful, another may not. With each new situation a person will decide what the challenge is and assess whether they have the resources to cope. If they decide that they do not, they will often begin to experience stress.

How do different individuals deal with stress?
How people deal with stress depends on a number of different factors. These include:

• their background and culture
• their skills and experience
• their personality
• their personal circumstances
• their individual characteristics
• their health status
• their ethnicity, gender, age or disability
• other demands both in and outside work

Managers have a duty to ensure that work stress does not make their staff ill. It is important they are trained to recognise the signs of stress, and then know what to do to reduce it.

What are the signs of work related stress?
Government issued guidelines help workers and managers alike recognise the symptoms of work related stress:

Emotional symptoms

• Negative or depressive feeling
• Disappointment with yourself
• Increased emotional reactions – more tearful or sensitive or aggressive
• Loneliness, withdrawn
• Loss of motivation commitment and confidence
• Mood swings (not behavioural)
• Disappointment with yourself
• Increased emotional reactions – more tearful or sensitive or aggressive
• Loneliness, withdrawn
• Loss of motivation commitment and confidence
• Mood swings (not behavioural)

Mental

• Confusion, indecision
• Can’t concentrate
• Poor memory
• Changes from your normal behaviour
• Changes in eating habits
• Increased smoking, drinking or drug taking ‘to cope’
• Mood swings effecting your behaviour
• Changes in sleep patterns
• Twitchy, nervous behaviour
• Changes in attendance such as arriving later or taking more time off.

Some stress statistics

• In 2008/09 an estimated 415 000 individuals in Britain, who worked in the last year, believed that they were experiencing work-related stress at a level that was making them ill (prevalence), according to the Labour Force Survey.
• The 2009 Psychosocial Working Conditions (PWC) survey indicated that around 16.7% of all working individuals thought their job was very or extremely stressful.
• According to self-reports from the LFS an estimated 230 000 people, who worked in the last 12 months, first became aware of work-related stress (incidence), depression or anxiety in 2008/09, giving an annual incidence rate of 760 cases per 100 000 workers
• Estimates from the LFS indicate that self-reported work-related stress, depression or anxiety accounted for an estimated 11.4 million lost working days in Britain in 2008/09
• LFS survey data suggests the incidence rate of self-reported work-related stress, depression or anxiety has been broadly level over the years 2001/02 to 2008/09, with the exception of 2001/02 where the incidence rate was higher than the current level.