To make a claim for personal injuries or medical negligence there are currently no drawbacks for lawyers or individuals. With almost all lawyers offering claims on a no win no fee basis there is nothing for individuals to lose when attempting to make a claim. When the lawyer takes on a claim they take no fee from the person they are claiming compensation for as their fee is recovered afterwards from the defendant's insurance company.
Because of the current situation which means both the claimant and the lawyer have no financial risk in making a claim, whenever there is a slight chance of a winning case they will take it. With a clamp down on no win no fee lawyers both the claimant and the lawyer will have to think seriously about the case before going ahead with a claim because there will be a financial risk to them.
However medical negligence cases are normally quite clear cut due to the circumstances involved. It is often easy to identify illness or injury which has been caused by medical negligence as a lot of cases have similarities and clear signs of negligence involved. A clamp down should help to separate those who were just unhappy with their experience but suffered no lasting effects from those who truly have been victims of negligence.
The downside to such a clampdown is that people who have suffered truly lasting effects from medical negligence will have to assess whether they are likely or not to win their case. This not only means having to face what has happened to them but also facing the prospect of losing a case they have paid out for when they should be entitled to compensation.
Due to the high number of false claims being made which are affecting those who are making genuine claims, a clamp down on no win no fee lawyers is needed. As they will have an initial outlay to face before their claim is processed though, it is likely to make it more difficult for people with genuine claims.