Many people don’t realise that the term ‘loss’ can be applied to more than just theft of electrical goods or jewellery – or that compensation can be far more complex and serious than just an insurance process. There are a variety of instances where litigation is both possible and necessary to obtain justice in the areas of emotional, physical or psychological loss, such as, amongst others, loss of employment, reputation or physical wellbeing.
It’s good to know that legal action in this regard has been made more affordable through the ‘no win, no fee’ policy where people are offered the opportunity to fight for their rights without having to face insurmountable attorney fees. Many attorneys, especially in the personal injury and medical malpractice fields, believe that the law should not only protect the wealthy, but everybody. Money should never be a barrier to effective legal counsel for those who have suffered an injustice and all claimants should have a fair chance of obtaining the compensation due to them.
What does ‘No Win, No Fee’ mean?
The high cost of obtaining legal help often deters people from filing accident claims even when they know for sure that the accident was not their fault. For this reason, many attorneys are willing to take up your case on a ‘no win, no fee’ basis. It is exactly as it sounds – if the attorney or law firm does not win the case for you, you do not pay a single cent.
If you win the case, you will pay a percentage of the compensation awarded as a fee for their services. However, if you lose the case and therefore receive no compensation, there is no fee. In such an agreement there are no upfront costs and your attorney takes on the risk of failure on your behalf.
What you need to know
Before any agreements on ‘no win, no fee’ can be taken, you need to understand the following important points:
• your attorney will first assess your claim and will only take on the case if they agree that you have a secure chance at success;
• whether you are on a ‘no win, no fee’ basis or not, your attorney will explain all the documentation and any extraneous costs that may be involved in a free initial consultation;
• if your personal injury claim is successful, the major portion of the legal costs will be recovered;
• if however, your claim is unsuccessful, you might be expected to pay the costs of the other party and you need to be prepared for that possibility;
• while under the ‘no win, no fee’ agreement, you are not expected to pay the attorney’s fees if unsuccessful. But this does not mean you will pay nothing at all. If you had agreed to pay the court costs, expert’s charges, and any other miscellaneous expenses, then you will have to cover those fees;
• most personal injury and accident claims have a time limit of 3 years or sometimes less than that – so if you think you are entitled to accident claim compensation, take up the advantages of the ‘no win, no fee’ offer and consult an attorney as soon as possible. It’s easier now than ever before to fight back for your rights.
The Legal Eagles
Simpsons has adopted innovative legal models to ensure every South African is able to receive the advice and support they need. We see ourselves as a dynamic firm with heart, impeccable standards and extraordinary vision. Specialising in personal injury claims resulting from motor vehicle accidents, medical negligence and product and public liability – as well as legal assistance with divorce or family law matters – we offer each client a personalised service, ensuring we focus on every aspect of your case, whether physical or emotional.
Find out more about us at: www.simpsons.co.za
