What is a ‘No Win, No Fee’ Agreement?
A No Win, No Fee agreement is an arrangement between you and your Solicitor which means that if your compensation claim is not successful, your Solicitor is not paid for the work they have done. If you win your claim, your Solicitor is paid part of their fees by the other party, typically an insurance company. If you lose, providing you have not misled the solicitor, you will not pay anything.
‘No Win, No Fee’ Compensation Claims
With No Win, No Fee Personal Injury, Clinical & Medical Negligence claims, your claim is considered on its merits with the information you provide;usually at a meeting with you and the solicitors involved. Based on this information, the lawyers can then determine how likely you are to succeed with your claim.This success rate informs the Solicitor on whether they can take your case on a ‘No Win, No Fee’ basis.
Do you Have Legal Expense Insurance?
Often times legal expenses cover is included in many insurance type policies without the policy holder necessarily being aware of how much cover they actually have. You may already have legal expense insurance but may not know it. It can be an additional benefit of your bank account or an insurance policy that you have purchased. If you are unsure contact your bank, your motor insurance provider or even your home insurance provider and enquire as to whether you have any cover that could be used for a medical negligence or personal injury claim. It is usually referred to as legal expense insurance, but please check carefully exactly what the policy (if any) does and does not cover. It can be a useful way to fund your claim.
No Win No Fee
When you have sustained and injury and it wasn’t your fault, you could be entitled to compensation. However, the costs of legal help can seem too high for some; especially if your injury has rendered you unable to work. This is why we offer a no win no fee service.
Many aspects of pursuing a claim to court can seem daunting, especially if you’re recovering from an injury. Choose a service that will cover all legal aspects of your situation, and you will not have to pay any upfront costs. An experienced lawyer should assess and document your case, dealing with all appropriate paperwork, and keeping you in the loop at every step of the process. If the case is taken to court, your allocated solicitor will represent you and present your claim to the court.
If, for whatever reason, your claim is unsuccessful, you won’t be expected to pay a penny to your lawyer. With no win no fee, you have nothing to lose. Our efficient service means it’s easier to get through this difficult time, and rather than become overwhelmed by the legal process you can concentrate on getting better.
In the case of a successful claim, the majority of your legal costs will be recovered from the other side’s insurers and a contribution may be required from your compensation, but this will be limited to a percentage agreed between you and your solicitor at the outset. The solicitors listed will assess your situation, and give you a quick assessment regarding whether they believe you have grounds for compensation. They should not waste your time by pursuing a claim doomed to fail.If you want our help in starting a case for compensation, or if you simply want more information regarding the rules of our no win no fee service, contact us today for free and impartial advice.
Many personal injury claims have a time limit of three years – and in some cases, a shorter time – so if you have been injured and it wasn’t your fault, make a claim sooner rather than later.
No Win No Fee – Getting the Compensation You Deserve
There is a lot of confusion and hearsay surrounding no win no fee cases these days, as to whether or not you are entitled to make a claim for an accident or injury that was not your fault. The underlying factor is that you can still make a claim if you feel a victim of these types of incidents. It is the issue of fairness and justice; in short, people receiving the due compensation that they are owed due to the negligence of others.This website aims to clarify the legal position put forward by no win no fee solicitors.
For many years, people felt that seeking compensation from a company, employer, business or individual was too time consuming, too expensive and therefore too risky. No win no fee has changed that and here is how.
Prior to No Win No Fee
Prior to No Win No Fee legal services, the process of obtaining compensation from another business, organisation or individual, even if they were culpable, was frequently of great concern to the individual who had suffered at their hands.
They felt that for relatively small claims, the hassle was not worth it because even if the court found in their favour, their award would likely be eaten up mostly, if not in its entirety, by the legal fees they would accrue in bringing the compensation claim to court. This meant that for a long time, all but the most serious claims for compensation were left uncontested. In short, businesses, companies and individuals who had caused pain, suffering and inconvenience to others, were getting away with it due to the complexities and cost of the legal process.
In the end, who suffered at the hands of this injustice? You!
This didn’t seem fair, it didn’t seem just and it didn’t seem right. How could an individual who had been wronged, injured, inconvenienced or had another justifiable form of claim for compensation, get what was right and fair? How could they try to obtain the compensation they were owed, without incurring risk of owing costly legal fees, should the ruling somehow go against them?
The answer was simple, make the process for them simpler and cheaper, by ensuring that they risked nothing in order to obtain the compensation they were owed, if the decision went against them. In addition, it seemed fair that the pursuant of the case did not have their compensation award eaten up by costly legal fees, thus in the event of a victory, it seemed sensible for the cost of the legal fees to be met by the opposition.
And thus, No Win No Fee legal services were devised to meet this need in the year 2000. However, in April 2013 there was a further change to the law regarding these cases. Now, you can still make a claim and if successful you do not have to pay but many solicitors now refer to a C.F.A. (conditional fee agreement).
What is No Win No Fee and How Does It Work?
No Win No Fee services operate on the basis that the pursuant of the claim, the person who is seeking compensation, will not have to pay any legal fees whatsoever, if the decision to award compensation goes against them.
In this way, it is the solicitor that takes on all the risk when taking on a case such as this.
This means that, in the unlikely event, that a court rules that the pursuant claim for compensation, such as for personal injury, is not valid, they will not owe their legal team any legal fees. To cover this, a solicitor may take out “After the Event” insurance (ATE) on behalf of their client. What this does, is provide cover so that in the event of the court deciding against a compensation award, all legal fees incurred by those seeking compensation are met and they will owe their legal team nothing, even if they lose the case.
If the pursuant is awarded compensation however, then the solicitor pursuing the case is awarded what is called a “success fee”. This is paid by the oppositions insurer, not the client who is awarded the compensation. This small change is critical as it means that when a pursuant of justice receives compensation, they receive the vast majority, if not all of their award, without it being eaten up by the legal fees incurred by their own legal team to win the case.
The great news is that since 2000, all fees incurred in putting together a case for compensation are met either by ATE insurance if your case loses, or by the insurer of the opposition in the case of you winning the case.
This means that even if your legal team incur other costs while putting together a case, such as medical fees, court fees or other such expenses (known legally as disbursements), these are all covered by the payment your legal team will receive regardless of whether you win or lose the case.
Making a No Win No Fee Claim – The Process
If you feel you have a case for compensation then you need to speak to a legal professional who has vast experience in this highly competitive field. A good legal representative will speak with you at length about your claim and will assess using a number of criteria whether they feel your case is a viable one. If your legal advisor feels that your case is valid and that you do deserve compensation, then they can proceed with the claim.
The actual time scale from initiating a claim and signing all the relevant legal documents to start the case, down to the actual award of compensation (if the ruling goes in the claimants favour), can vary greatly depending on a wide range of factors. However, you should be able to contact your legal team at any point in the process to find out how the claim is progressing and to get a rough estimate on how long it may take to be resolved.
To expedite the process, it is a good idea to have all documentation you may need for the claim ready for your legal team and to complete any other tasks they may ask of you, such as undertaking a medical, as quickly as possible.
No Win No Fee services have empowered any individual with a rightful and valid claim for compensation to seek that award through the courts, without running the risk of running up a potentially ruinous legal bill in the process. It means that at the very worst, an individual can claim for compensation and lose out, but will not be financially any worse off than they are at present. At best, it gives people a chance to win the compensation that they rightfully deserve, without the fear of accumulating prohibitive legal fees, thus allowing them to get their lives back on track.
If you are worried about the costs of legal assistance, a ‘no win no fee’ service can help. The tips below help clarify some of the main points:
- There should be no upfront fees. You should also not need to cover any costs to start your claim
- If your claim is unsuccessful, you should not have to pay a penny to your lawyer out of your own pocket.
- If a claim is successful, then the majority of your solicitor’s fees will be recovered from the other side’s insurers and you may need to make a contribution from your compensation, but this will be a percentage previously agreed with you. There might be insurance to cover this fee.
- Most reputable firms will offer you a free consultation to discuss things in more detail. This is at least 30 minutes long.
- The maximum amount payable by you is capped at 25%