META: Despite the fact legal aid is no longer available in such cases, a personal injury solicitor may still be able to assist you on a ‘no win, no fee’ basis. If you feel you have a strong case, make every effort to secure representation in this way?

Before the year 2000, legal aid was available for personal injury claims. However, as with many areas of law, especially such things as head injury compensation etc, personal injury claims were becoming more and more costly to the UK tax payer and as a consequence, the Government felt obliged to cut off such access to people. Ensuring people who are unable to afford such a claim and can still have an access to justice, as meant that another method has, had to be found.

If you are fortunate enough to be super rich, then the best levels of justice are available for you; unfortunately, as mean as this sounds most people associated to the British legal systems know this, even though they would protest otherwise! We already know that deep down this is absolutely true. If the Government were ever trying to argue against this fact, they would never have stopped legal aid for personal injury cases in the first place.

But, they have stopped it. So, when you experienced an accident that was not your fault, where does this actually leave you? Having your case taken on by a personal injury solicitor may be difficult if you do not have the necessary funds to pay them for their service?

This is where a personal injury solicitor would have boxed very clever and devised a way around the Government’s cruel lack of compassion in this regard. This is because if you are able to satisfy certain criteria, you will have a strong likelihood of being able to have your case taken on through a ‘no win, no fee’ agreement.

The relevant criteria that will be assessed in this regard are as follows:

The accident must not have been your fault.

Another person or legal entity (e.g. a company) must have been responsible for your accident. Liabiltiy arises usually through their breach of lack of care, duty and negligence towards you.

In some way a loss has to have been suffered on your part. This could be through pain and suffering or some direct financial loss that you are entitled to be compensated for.

Securing personal injury solicitors that will take your case on is difficult, but it is possible if the above criteria can be identified successfully. You will not be able to progress with your claim if you are unable to satisfy any of the criteria. Unless you are willing to instruct and pay them yourself accordingly. Your chances of success of winning the case, even then,needs to be made clear right from the start.

Filling the void in the legal system had to be done when legal aid was stopped and personal injury solicitors have done this. Perhaps there are some firms where it is true to say, they are making profit out of other people’s misfortunes; I know there is a lot of people who think this out there. When people have suffered an injury, which was not even their fault, and have suffered financially, then they have every right to try and recupe their money? It would be a very mean spirited person who attempted to argue otherwise (i.e. our lovely Government)!