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Submitted by: Pete Malcolm
Any person who has been hurt in an accident, which was caused by another person, is entitled to claim for compensation. This applies to all types of accidents, such as slips and falls, workplace accidents, and auto accidents. Injury lawyers are professional lawyers who have chosen to specialize in this particular area of law. Many take on cases on contingency, or “no win, no fee”. This article explains how contingency differs slightly from jurisdiction to jurisdiction.
In most countries the civil law (the law of tort) specifies that those who have been hurt in accidents, which were caused by other people, are entitled to claim for damages. This usually takes the form of monetary compensation. The compensation awarded normally includes a certain amount which compensates for the injury itself, and a further amount which covers any financial losses.
Damages for financial losses include both present and future losses. For example when a person is so badly injured that they are unable to continue to work, then they may expect to be financially compensated for loss of earnings for the rest of their life.
Law professionals who have chosen to specialize in this area of law are often known as personal injury lawyers, or accident lawyers. Many will take on cases on a contingency basis, which is also sometimes called a “no-win, no fee” basis.
When a case is taken on contingency, the attorney’s fees will only be payable if the case is successful. Many attorneys offering this type of business give an initial consultation either free of charge, or for a small nominal charge.
When attorneys work on contingency it is not in their interest to accept cases which are not likely to succeed. One of the reasons for the initial consultation is to give the attorney a chance to assess the strength of their client’s case. A second reason for the initial consultation is to give the attorney an opportunity to explain how contingency actually operates.
In some legal jurisdictions a personal injury attorney will charge a percentage of any compensation which he wins for his client. This percentage arrangement is most common in the US. Personal injury attorney fees are often between 30 and 40% of the compensation, leaving 60-70% of the damages for the client.
In other legal jurisdictions costs are often awarded against the loser in a civil lawsuit. In these jurisdictions when an accident attorney wins the case, then his fees get paid by the losing defendant. This has the advantage that 100% of the compensation award goes to the client.
The disadvantage of awarding damages against the loser, is that the complainant may lose the case, and therefore become liable for the legal costs of the defendants, which may be substantial. Where this situation is a risk, injury lawyers will normally require that their clients are protected by some form of insurance. This may sometimes be covered by ordinary home insurance policies, but in other cases clients may be expected to buy “after the event” cover for legal costs.
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