No win, no fee: How !njured vict!ms can pursue justice without paying upfront
No win, no fee: How injured victims can pursue justice without paying upfront
When someone suffers a serious injury in Nigeria, the fallout often extends far beyond the physical harm. Medical expenses quickly accumulate, employment can be disrupted, and financial strain sets in. Frequently, the party responsible for the injury, be it an employer or a medical facility, shirks accountability. Simultaneously, many victims lack the funds to hire legal representation. This is where the No Win, No Fee arrangement in Nigeria proves its worth.
Under a No Win, No Fee agreement, a lawyer agrees to represent you in your personal injury claim without requiring upfront payment of legal fees. The lawyer only receives payment if the case is won and compensation is granted. Should the case fail, you are not obligated to pay the lawyer’s professional fees.
This system provides a lifeline for those with legitimate injury claims who can’t manage the upfront costs of legal representation.
In Nigeria, the law permits this arrangement. Lawyers can take on a case and receive their fees from the eventual compensation, provided the agreement is equitable and documented. This opens the door for injured individuals to pursue justice, even when financial resources are tight.
This is significant because many potential claimants are deterred even when they have a good case. No Win, No Fee arrangements offer victims a chance to secure legal representation promptly, while the details are still clear and evidence is readily available.
Consider a typical scenario: a workplace injury stemming from inadequate safety measures. Picture a construction worker in Lekki, Lagos. He’s instructed to work at a height, without a safety belt or helmet, because the company claims there’s neither time nor budget for proper gear. Then, one day, he falls from the scaffolding, suffering a broken leg and a back injury. He’s rushed to a public hospital and informed he’ll be out of work for months. Initially, his employer offers assistance, but eventually, they stop returning his calls.
Without financial resources, the worker might feel powerless. However, a No Win, No Fee lawyer can help him take action against his employer. This lawyer can get hospital records, talk to coworkers, and show that the company didn’t provide basic safety equipment. Also, the worker might be able to get compensation under Nigerian workplace injury laws. This allows him to seek justice without paying legal fees up front while he is out of work.
Another example is medical negligence. Imagine a patient who goes to a private hospital in Enugu with bad stomach pain. The physician’s examination of the patient was inadequate, and he disregarded evident indicators of her deteriorating health. As a result, she received inappropriate treatment, leading to a worsening of her condition. Subsequently, she required urgent surgical intervention at a different medical facility, which ultimately resulted in enduring health complications. In response to her family’s enquiries, the hospital evaded accountability and declined to furnish comprehensive medical documentation.
Pursuing medical negligence claims presents significant challenges for individuals lacking legal expertise. Such cases necessitate the analysis of medical records, the procurement of expert testimonies, and the navigation of hospitals that frequently prioritise self-protection. A No Win, No Fee agreement provides victims with the opportunity to secure legal representation promptly, thereby alleviating immediate financial concerns regarding legal expenses. If negligence is established, damages could encompass ongoing medical care, the physical and emotional toll, and lost earnings.
It’s crucial to understand that “No Win, No Fee” doesn’t equate to a completely free ride. Though you won’t be responsible for legal fees initially, there could still be some minor expenses, like document filing or obtaining medical records. A competent lawyer will clarify these details before the case begins, ensuring you’re fully informed. In some cases, however, some law firms undertake the entire process where all expenses are contingent to the successful prosecution of the case.
Ultimately, the No Win, No Fee arrangement in Nigeria provides a lifeline for injured individuals who might otherwise be unable to access the legal system. It empowers victims of workplace accidents and medical malpractice to challenge employers and hospitals without the burden of legal fees, especially when finances are strained. If you or someone you know has suffered an injury and is concerned about legal costs, consulting a personal injury lawyer who offers a No Win, No Fee option could be the initial step towards achieving justice.
This article is only meant for general understanding only and not a legal advice. If you believe you’ve suffered any harm or injury due to your Employer or a Medical Practitioners fault, and you are concerned about the viability of your case or high cost of hiring a lawyer, you can reach out to an experienced personal injury lawyer who may be willing to offer a free legal advice and handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.
Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via contact@claybrookattorneys.com
