No-win, no-fee claims are filed after a victim has been unjustly injured as a result of someone else’s actions, usually negligence, and in some cases even malicious intent. These claims, which are becoming the norm in the US, are characterized by the fact that legal expenses are paid by the other side’s insurance provider, even when the claim denied. It is a complex, societal issue. Today we will examine some of the pros and cons of this policy.
Pro: It clearly favors the claimant. Being in an injury case is never easy but knowing you can’t afford adequate legal protection adds insult to injury. Following your accident, any man or woman, regardless of income, can seek justice through the courts.
Con: The conditional fee system has turned America into a more litigious society. The courts are full of absurd claims, such as cases where people sue restaurants over failing to tell them their “hot coffee” will be hot. People abuse the privilege this law affords through self-serving efforts to “just get money.” This creates a lot of extra work for the courts, which in turn reflects a greater tax burden for the rest of us.
Pro: No-win, no-fee has corrected a huge imbalance in the social justice system. This is because it allows marginalized citizens access to grade A attorneys. Income disparity has always led to inequality of justice; Different applications of the law based on your pay scale. In many parts of the globe, it is still the same way. Take a high profile case from Russia, for example. In July 2011, a wealthy, Russian oligarch killed a pedestrian due to negligence. Her next of kin were too poor to file suit and justice was never served. America used to see cases similar to this (perhaps not as extreme), where the size of your wallet correlated to the degree of justice you would receive. No longer. Today, your lot in life is irrelevant to the courts, and you can be represented by the best attorney around without paying a dime.
Con: Increased health care costs. Due to the abuse of the system, hospitals all over have had to take out unreasonably large insurance policies. This is for two reasons: Claimants seek medical treatment simply for the purposes of driving up their claim. And secondly, people will often frivolously sue hospitals in attempts to get medical malpractice compensation.
Pro: Victims of injuries have shown better treatment outcomes than in the past. Before, a victim could only hope to get highly-limited compensation for medical bills between the time of the accident and the time of the claim resolution; Usually about 3 months. Nowadays, brilliant lawyers, along with help from the medical profession, have created models for long-care treatment prospects; Dealing with chiropractor bills, chronic issues, and psychological stress years, if not decades, down the line. These models adjust the claim amount so victims are taken care of for the rest of their life.
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