Personal Injury solicitors or is it now a Beauty Personal Injury Solicitor?

With the ever-increasing beauty industry, such as treatments, operations, products, lasers and cosmetic procedures your everyday Personal injury Solicitor will be more than nonplussed and aside from some female Personal Injury Solicitors, would not have the slightest idea what a potential client was talking about. The technicalities seem to get more and more complex as the days go by.

Well it has just come to pass that we now have a Beauty Personal Injury Solicitor in the UK called Joanne Du Plessis. She has just issued a Press release;

“Joanne Du Plessis, a professional and experienced Personal Injury solicitor offering help and guidance in beauty injuries and other cosmetic injuries, knows all too well how physically and psychologically damaging it can be for someone to suffer from a hair injury or hair damage. As Joanne Du Plessis says, “I receive daily reports of injuries from distressed clients who have been the victim of injuries as a result of hair treatments, cosmetic treatments, laser operations, plastic surgery operations etc. Luckily for many, the effects are short lived but for some the injuries have been devastating and they are left with permanent disfigurement.”

Some of the Personal Injuries come from the negligence of the personnel giving the hair treatments, cosmetic treatments, laser operations, plastic surgery operations etc. Some of the Personal injuries are the result of faulty equipment and tools. Clearly only a Personal Injury Solicitor with specific skills in the area of Beauty and Cosmetics will be able to look into a personal injury claim for compensation for harm or injury will be able to help you.

Could this be the start of polarisation in the Personal Injury and Medical Negligence fields? As we can see from the story of Joanne Du Plessis there is a marrying of someone with legal knowledge of Personal injury and Medical Negligence with specific knowledge of products and services in a defined area.

Certainly, the whole area of Medical Negligence claims could benefit from this kind of polarisation. How many times has a Medical Negligence Solicitor taken on a case for Medical Negligence compensation only to find that when they have paid thousands of Euros for an expert opinion from a Medical professional that there is no case to answer? Already there are Medical Negligence Solicitors who specialise in;

• A head injury
• A birth injury
• A brain injury

In the Personal Injury Solicitors area there are already Personal Injury solicitors that specialise in car accident or road traffic claims. Eventually they may subdivide again into Personal Injury Solicitors Motorbike accidents or Lorry accidents etc. In Dublin, Ireland there is a least one Personal Injury solicitor that specialises in compensation claims for accidents on Dublin Bus.

Certainly, there is some mileage in subdividing the area of Work Injuries and Work accidents as we become more high tech in the work place more knowledge is necessary than has your ordinary Personal Injury solicitor.

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Personal Injury Solicitors and No Win No Fee

How do you make a No Win No Fee Personal Injury claim for compensation for your injuries from an accident that was not your fault? Do Personal Injury Solicitors No Win No Fee grow on trees? And if not where and how do you find them?

Firstly, you need to find an “experienced” personal injury solicitor who has been in practice for some time and who has both a wealth of past experience of pursuing Personal Injury Claims for compensation for injuries and has offered their clients to take them on a No Win No Fee basis.

Naturally enough any Personal Injury Solicitor will have to carry out a risk assessment of your potential personal injury claim before deciding whether the merits of the personal injury claim are sufficiently strong for them to accept it on a No Win No Fee basis. Remember that with No Win No fee agreements that only if you win your claim will you pay your solicitor fees and costs. If you lose you pay nothing. So, any Personal Injury Solicitor is going to do due diligence on your claim before offering you a No Win No Fee agreement. No Win No Fee agreements can represent a significant proportion of any personal injury solicitor’s portfolio, so it is very important to them from a commercial point of view to ensure that the risks are properly assessed. Your choice should be a firm that has an excellent record of success and also that it aims to keep it that way! In some situations they will be able to make an immediate decision for you. In others, they may need to see a report on liability from an expert witness, such as a surveyor or an accountant, doctor, consultant or another kind of expert before they can make a decision.

Once they have agreed to take your personal injury claim on under a No Win No Fee basis you will only be responsible for their fees and costs if you win your case. And because the loser is normally required to contribute towards the winner’s legal fees you can expect to recover a good proportion of those fees and costs from your opponent.

Going the No Win No Fee route can be an excellent way in which to fund a personal injury claim for compensation for your injuries. It is important for you to avoid the common mistake of thinking that it means there will be no cost to you. Win or lose, you will have a liability for part of your overall costs. Therefore, potential claimants should seriously consider whether the claim is commercially viable from the outset.

Clearly what most people forget is that if you unfortunately lose your claim for personal injury then you may well become liable to pay the other side’s fees and costs. However, your Personal Injury Solicitor No Win No Fee should be able to fix you up with an inexpensive insurance policy to cover this eventuality.

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Personal Injury Solicitors in Dublin

There are many Solicitors firms in Dublin and they vary between sole practitioners to firms with partners running into the hundreds. Not all of them practice Personal Injury and or Medical negligence law but a good few of them do. So, what is the profile of a typical good Personal Injury Solicitor Dublin and or Medical Negligence Solicitor Dublin?

Of course, the first qualification that someone who wishes to practice law is to have a legal qualification that enables them to present themselves as a solicitor.

Then you will need someone that has plenty of experience in Personal injury and not just any old experience but the experience of winning more often than not.

You will then need someone who is a good listener and who is capable of empathy with prospective clients. Then you need to commence to ask questions.

First check out what are their qualifications the prospective personal injury solicitors has. Find out both their educational qualification and experience handling cases. Check if the Personal Injury Solicitor Dublin is better positioned to represent injured parties or defendants in general. If the Personal Injury Solicitor specialises in representing injured parties find out whether or not they specialise in particular types of accidents and injuries. All these are qualifications which make it easier in selecting an appropriate Personal Injury solicitor to help with your case for compensation for injuries and suffering.

The next question to ask the personal injury solicitor is in order to find out more about how the exact legal process functions. Even when you have found proper legal representation, you should endeavour to understand the various steps and time frames involved in handling your case. Seek as much information as possible concerning what the varying challenges are in order to anticipate difficulties and problems in your situation. Ask about what the various strategies that your Personal Injury Solicitor has put in place to deal with such matters. It is critical finding out the time frame your claim for compensation for your injuries is likely to take before successfully coming to its completion. All personal injury claims options should be worked out and put in the open right from the start for you to know and have confidence in them.

Another question to ask a personal injury solicitor before engaging their professional legal services is how much they cost. A skilled solicitor begins by evaluating your case and stating clearly what charges and expenses you can expect as the case progresses. Do they offer you possibilities and terms for payment and options like a No Win No Fee agreement? It is your fundamental right to have this information before engaging a given personal injury solicitor.

Some of the very best Personal Injury Solicitors Dublin are the ones that you hear about from friends and families is through word of mouth so ask around and see what your friends and family have to say. What have you got to lose? You might get the best around.

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No Win No Fee Medical Negligence

No Win No Fee Medical negligence refers to injuries and harms in treatment from the Medical profession

Every patient that is treated by a Medical Professional is entitled to receive what is known as a “Duty of Care”. A medical professional can be a Doctor, a Dentist, a Consultant, a Surgeon, a Nurse, a Technician, a Specialist or indeed anyone involved in the health care of patients.

“A Duty of Care” means that the medical professional will do their very best to look after and treat the patient correctly and in other words they will treat them to the best of their ability. When they do not perform a “Duty of Care” then there is a possibility of Medical Negligence occurring.

No Win No Fee Medical Negligence means that the Personal Injury solicitors who have taken on a possible case of a client taking a Medical Negligence claim for compensation have done so on the understanding that they will earn no fees and or costs unless the claim for compensation is won. If the claim for compensation due to Medical Negligence is lost, then the client will not pay their Personal Injury Solicitors their fees and costs. No Win No Fee agreements are sometimes known as No Win No Foal agreements or Contingency agreements.

Whereas No Win No Fee agreements are very common in Personal Injury cases for compensation for injuries suffered due to the negligence of a third party they are few and far between in Medical Negligence claims. Why you might ask is this the case? There are three major reasons for this;

1. Firstly, Medical Negligence claims for compensation due to a lack of a duty of care can take much longer than a typical Personal Injury Claim for compensation. It is not unknown for Medical Negligence claims to go on for five years or more. Most personal Injury claims are settled within a two-year period.
2. The costs involved in a No Win No Fee Medical Negligence claim can be considerably higher than a Personal Injury claim for compensation. It is usual in a Medical Negligence claim for the Medical Negligence Solicitors to get an expert medical opinion from a renowned medical expert before commencing the claim. The expert will more than likely be out of the jurisdiction and the cost of such an opinion may be in the £3000 to £5000 bracket. Your Medical Negligence Solicitor would have to be pretty certain of the claim for compensation before agreeing a No Win No Fee claim.
3. Most of us including your Medical Negligence Solicitor have little or no medical knowledge. Time and time again the medical opinion will come back from the Medical expert saying that there is no case to answer of a lack of “Duty of Care”. To the lay person, the client and to the Medical Negligence solicitor it might have appeared to be a nailed-on claim. Yet the expert has said clearly no it is not. So, your Medical Negligence Solicitor is going to weigh up the facts very carefully before offering a No Win No fee Medical Negligence agreement!

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No Win No Foal meaning in Injury Claims

No Win No Foal is often used in a legal context to denote that the business being transacted will not attract fees or costs until there is a positive outcome. To some No Win No Foal is also known as a Contingency agreement or No Win No Fee agreement.

The legal context of No Win No Foal can be mainly analysed into tort cases and more specifically into the Personal Injury and Medical Negligence areas of the law. Typically, a Personal Injury Solicitor will offer to take on your case for personal injury compensation for an injury suffered in an accident when the fault was with a third party for no fee or costs unless the claim is won. If the personal injury claim is lost, then no fees or costs are due to the Personal Injury solicitors.

Some people applaud the idea of No Win No Foal agreements as it is away to put the Law in reach of those that are not capable of affording an expensive Personal Injury Solicitors. How many people suffer accidents and after they have taken care of their physical wellbeing they get stressed out by the thought of having to pay expensive fees and costs to their Personal Injury Solicitor to take out a Personal Injury claim for compensation. Well off or not so well off No Win No Foal agreements put the Personal Injury and Medical Negligence area of the law within reach of all.

However, there are those who believe that by helping people with a No Win No Foal agreement that you are encouraging people to make Personal Injury Claims that they would not normally have made. This No Win No Foal agreement they say encourages also fraudulent and inflated Personal Injury claims and that because of No Win No Foal insurance premiums will rise for everyone.

So, what do we believe in? The Law which is accessible to all regardless of their financial situation or a restricted market which is only for those who can afford it?

All solicitors in Ireland are regulated by the Law Society of Ireland. They are very strict about what Personal Injury Solicitors can put in their advertisements or in their websites. Anything that is considered to be inflammatory or sensationalist is strictly policed by the Law Society and is not allowed. A victim of this policy is No Win No Foal as it is considered by the Law Society as encouraging people who have been injured in an accident to make a personal injury claim for compensation. When you go and see a Personal Injury Solicitor there is nothing stopping them offering you a No Win No Foal deal to help you make a Personal Injury claim for compensation for your injuries or harm.

Many people find this to be wrong as when unfortunately, someone is injured in an accident through no fault of their own adding serious stress to that person about how to pay for a personal injury claim for compensation when No Win No Foal is available but hidden!

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No Win No Fee Solicitors and Airline Compensation Claims

Just recently there has been an interesting development in the UK in the claims by passengers against airlines and airports for compensation for the late departures of flights. Most people know that a No Win No Fee agreement is often used by Personal Injury solicitors and Medical Negligence Solicitors for claiming compensation for injuries and harm caused by a third party. No Win No Fee is often called a No Win No Foal or a Contingency agreement and means that you will not pay any fees or costs if you lose your case. You will only pay if you win and in many cases,those costs and fees are paid by the loser.

Well now No Win No Fee agreements are being offered to prospective clients who have suffered delays in their departing aircraft! One enterprising No Win No Fee solicitor with a national presence has just recently published a guide to UK airports and it can be loosely summarised as follows;

It starts by discussing the plethora of choices of airports that are available in the UK, there are big airports, there are small airports, there are local and there are regional airports. Clearly the bigger airports have a much larger choice of destinations, holiday packages but they are generally more hassle, more stress than the smaller airports. On top of that there are times of the year that are far busier than others and when airports are busy there is a greater chance of delays. So, prepare in advance for delays they say and get your contingency legal plans ready!

The Worst Months

It is not rocket science to realise that the really busy times for an airport when there are more people using it are the holiday months of July and August and the Christmas and Easter times followed closely by the school half terms. The No Win No Fee Personal injury solicitor also says that at Christmas and at the February half term there is a bigger risk of suffering from bad weather and consequently from delays.

Steer Clear of the Capital

Clearly the greatest choice of destinations is London as there are four major airports and several minor ones around the capital. However, the worst airport in the UK for delays is Gatwick with a delay factor of over 30% and in second place is Luton. One of the largest airports in the world Heathrow is down in 9^th place for delays in the UK which makes it a good choice.

The Airline Plays a Part

The other major factor that you may have to question, according to the No Win No Fee Solicitors, is that of the airline you are flying with.  Sadly, while the many budget airlines may save you money up front they are notorious for their very poor organisation and strict legal minimum maintenance which can lead to more significant delays. If you are not clear about this talk to your No Win No Fee Personal Injury Solicitor.

Be Clear on Compensation

In order for you to be eligible for any compensation in the form of a cash pay-out the delay must have exceeded 3 hours.  Between 2 and 3 hours the airport should offer you meals and drinks etc.  There are strict guidelines on the amount that is paid out so check what you might be entitled to with your No Win No Fee solicitor.

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Personal Injury Solicitors in Dublin For Car Accidents

Personal injury solicitors in Dublin need to be highly skilled and experienced in dealing with all types of road traffic claims for compensation from an accident caused by a third party. What you need after suffering a personal injury from such an accident is a Car Accident Solicitor who has many years of successful experience in acting for people injured in motor vehicle accidents which include motorcycle accidents, car and lorry accidents, and bicycle and bus accidents.

You will need to choose a team of accredited specialists can ensure your car accident claim is prepared properly the first time by a professional firm of solicitors to ensure the best possible outcome for you.

Your personal injury solicitor will be able to explain to you what is a no win, no fee agreement which if applicable to you means that you only have to pay their legal fees if they win the case. Clearly you need to choose a firm that are successful over 90% of the time to maximise your accident claim.

A motor vehicle accident case does however have very strict time limits in relation to lodging and processing the claim. If you fail to comply with those time limits, then it could cause you some serious difficulty. If you have suffered an injury in a motor car vehicle accident, then you should after taking care of your physical injuries contact a car accident solicitor immediately to ensure you get the right advice which will protect your rights to a car accident claim.

When you suffer injury as a result of someone else’s negligence on our roads, it can be a devastating and financially crippling time in your life. Difficult insurance companies can make your life harder, not to mention the complex legal maze involved in looking after your own personal injury claim.

A Personal Injury Solicitor who prides themselves on ensuring this difficult time in your life is sorted quickly and with as minimal stress as possible to ensure both you can get back on with life and to put you back in financial control.

When you are injured in a car accident you need to know about your rights. You need peace of mind, so you can recover from your injuries. You need a Personal injury solicitor who specialises in car accident claims to give you affordable assistance.

They must be able to offer their clients total peace of mind on the way to a successful personal injury claim for compensation for the injury that you suffered.

Their policy should be to settle your claim as quickly and as advantageously as possible without the necessity of litigation. In a great majority of cases settlement is achieved by way of informal negotiations.

Sometimes it is simply impossible to avoid legal proceedings. If you have chosen well you will be represented by an experienced Car accident solicitor Dublin who will explain to you in a simple, easy to understand language your legal position and all your options.

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No Win No Fee and Costs with Personal Injury Claims

No Win No Fee and Costs with Personal Injury Claims

In a recent article in the UK Times Dr Anthony Barton discussed the growing need for a more equitable and fair system of compensation for Medical Negligence claims on the NHS which he claims are currently costing £1.6 billion and are mainly fuelled by the No Win No Fee deals.

He states that;

“The total NHS spends for clinical negligence last year was £1.6 billion, and the figure is forecast to double by 2021. This is serious and unsustainable. These costs are driven partly by the success of no win, no fee agreements. Privatised access to justice is available to all, at no cost to the taxpayer, free at the point of need, according to the merits of the case. Claimants benefit also from one-way costs shifting — they do not risk paying health service costs if they lose. Change is inevitable: the government will act.”

The current figure quoted is enormous and he is right to say that the UK government will act, but what will they do? It is a question that will also be asked by many governments in the Western world. The costs of Medical negligence claims are spiralling out of control all over the world.

On the one hand the Medical profession needs to have a viable self-checking system to control both its excesses and its errors. Clearly the whole system of both how health care is organised in the hospitals, clinics, the GP surgeries etc and how the practitioners perform their interventions, operations, treatments etc. It is fair to say that there are problems as the Medical Negligence cases are dramatically on the increase. Is it the fault of the way those practitioners are educated and trained? Is it the fault of the way the various organisations are run? Is it the overworking of staff to the point that fatigue becomes a factor? Or is it a combination of all of those factors?

So, to what extent do No Win No Fee agreements play in the very high figure of costs of £1.6 billion in claims? There are some who say that access to the Law should be available to everyone regardless of how deep their pockets are. They think that No Win No Fee agreements are the way to go as they take the financial barrier out of Medical Negligence claims. There are others that say that No Win No Fee agreements just add fuel to the fire of Medical Negligence claims and that they should be taken out of the equation completely.

Is there another way to go in solving the ongoing problem of the rising cost of Medical negligence claims?

1. A set free procedure to be available to all. This would do away with No Win No Fee agreements.
2. A type of claims adjuster who investigates the medical negligence claim for its validity
3. Set fees to be paid to the Medical Negligence solicitors from both sides. An No success fee/s allowed
4. Set levels of compensation with caps on the amounts awarded

Something it is clear has to be done but is it only to No Win No Fee agreements.

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