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Monday 22 April 2013

Rest and Your No Win No Fee Accident Claim


Your Body as a Machine
According to some advisers, claimants must treat their bodies while their No Win No Fee accident claim is in progress as if they were machines. By conditioning themselves, in other words, as automated beings, whose lives are based purely on the attainment of a given set of tasks¸ they will be surprised to see that doing the responsibilities incumbent upon them as claimants will have been much easier as opposed to doing things the other way, that is by being constantly bothered by trivialities and impertinent things. The rationale behind this entire mechanistic philosophy is that human beings can do things easier once they become habituated to such things. By making it a habit, therefore, of only being interested in what the claiming process requires them to do and actually doing them, then they will receive their compensation without fail.

We object to these philosophy on several grounds. First, it completely ignores the fact that even machines need to rest. That is, it diminishes the need of human beings to take time away from what they are doing because the human mind can only focus on one specific thing for a limited time. Second, this philosophy also assumes that it is wrong to make mistakes or even to change plans once you are in the process of executing them. People need to be efficient, that is true, but not at the expense of their humanity.

Creative Explosions
Perhaps the mechanistic philosophy of claiming a No Win No Fee accident claim can weather the objections raised against it. According to this philosophy, claimants must look at themselves as machines whose sole end of existence while the claiming process is in progress is to win their compensation. All other things should be relegated to ignorance for the meantime and whatever prior commitments they may have made should be forfeited in light of their injurious accident.

The principal objections against this way of claiming are that it places not enough importance on rest and on learning from mistakes. In other words, it forces claimants to make their serious lives even more serious by unduly placing more pressure on an already intense situation. Yet it can be argued back that rest and education can be put on hold for the meantime. That is to say, supporters of the mechanistic theory can argue that these two things can be had and to an infinite amount after the compensation has been won, but not before.

We would subscribe to this belief except for the fact that the claiming process is impossible to be won without creativity, not just strict adherence to facts, and creativity cannot be nurtured, in fact even had, when people work relentlessly at anything. It rises up naturally during times of philosophical relaxation. It is the quiet bloom of the subconscious after alternative periods of activity and serenity.

Making Contingency Plans While Demanding Compensation Claims


Your Successor
Just like life, the claiming process is replete with surprises. As has often happened in the past, a lawyer who seemed to be the perfect representative of his client may end up losing his compensation claims precisely because his arguments were too good and stretched credulity for such reason. It has also happened that specific articles of evidence which were arrogantly dismissed by the claimant’s lawyer ended up winning his claims for him because these articles, unbeknownst to the lawyer but not so for the client, held an incriminating characteristic. The point is that the claiming process is never completely mastered by any kind of professional, be it judge or lawyer, because just like the intricate nets of life itself, the facts involved herewith are flexible, permeable, and dynamic.

You can never go wrong, therefore, in preparing contingency plans. Contingency plans are those which are done so in order to avert the impact of possible events detrimental to your winning your claims. They are the buffers you create in order to handle the shock of incapacity, loss of money, loss of evidence, or retraction by witnesses. In preparing such plans, you should prioritize the first one mentioned. You should have it in writing who you plan to transfer your authority as a claimant to in case you suddenly become unavailable to prosecute your claims.

Witnesses and Evidence
You can never have too many articles of evidence and witnesses. In demanding compensation claims, the courts are bound to collect the facts of the case and interpret it in anybody’s favor depending only on the merit of these facts alone. Now, as it is your articles of evidence and testimonials from your witnesses that will provide such given facts, the more you provide of them, especially those which will tip the balance in your favor, then the more feasible is your chances of winning your claims.

This condition is actually one of the most sterling qualities of our courts and our justice system. By relying exclusively on evidence and credible witnesses, our courts, and moreover, their penned decisions, we can be assured of will be made only in the spirit of integrity, probity, and honesty. Their absence from the scene of the crime is actually a boon for them because it liberates them from falling into the dangerous habit of deciding cases based purely from a momentary and imperfect though heated and enthusiastic view. By searching for the truth only through a cautious and logical stitching of facts, they are able to retain their calm neutrality while at the same time their penetrating logic. No citizen, to be sure, should ever be allowed to become a judge unless he can attain this honorable frame of mind.