What Percentage Do Solicitors Take If You Win Your Claim?
By Danielle Jordan. Last Updated 24th January 2023. Welcome to our guide exploring the question: what percentage do solicitors take in personal injury claims? Furthermore, if you’re looking to seek legal representation but are unsure of the options available to you, this guide could help.
Our guide will focus on the options of a Damages Based Agreement (DBA) and a Conditional Fee Agreement (CFA). Different legislation has affected the fees solicitors can take when representing clients under each of these agreements.
What Percentage Of Compensation Do Solicitors Take?
What percentage do solicitors take if you win your claim guide
This guide will look at the percentage a solicitor may take as payment from your compensation settlement. The percentage that is taken will be disclosed to you by your solicitor prior to going ahead with your claim. However, we’ll explore this in more detail throughout our guide.
Furthermore, it’s important to be aware of the evidence you need to support your claim. For that reason, we’ll look at how your compensation may be calculated using different forms of evidence.
Most importantly, we’ll look at your eligibility to put forward a claim and how you can connect with a solicitor to get started. However, if you have any questions after reading, please don’t hesitate to get in touch with our team for free legal advice.
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Select A Section
- A Guide On What Percentage Solicitors Take?
- What Are Damages Based Agreements And Conditional Fee Agreements?
- Legal Rulings Affecting These Claims
- What Are The Pros And Cons Of No Win No Fee Claims?
- What Percentage Do No Win No Fee Solicitors Take?
- When Could Success Fees Be Charged?
- What Happens If My Claim Is Unsuccessful?
- How Do I Calculate My Settlement?
- How Are Special Damages Calculated?
- Could I Make A No Win No Fee Claim?
- Contact Our Team
- Essential References
A Guide On What Percentage Solicitors Take?
Before 2013, in No Win No Fee agreements, if the defendant lost the case they would have to pay the claimant’s solicitor fees as well as compensation. However, this would normally be paid by the insurance companies and so was allegedly impacting their financial stability.
For that reason, changes were implemented as per section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The Act introduced something called a ‘success fee’ that was to be paid by the claimants out of their compensation settlement figure to help cover their lawyer’s costs.
This guide will look at the difference between what each agreement means and how the success fee may be paid. Don’t forget though, if you have any questions, you can get in touch with our advisors using the number above.
What accidents can you make a personal injury claim for?
A personal injury claim can be made for different accidents such as those that happen in the workplace, on the road or in a public place. In each of these situations, you may have been owed a duty of care.
Different legislation ensures that employers, road users and occupiers of a public place are doing everything they reasonably can to prevent you from coming into harm. For instance, this legal duty is set out in the:
- Occupiers’ Liability Act 1957
- Health and Safety at Work etc. Act 1974
- Road Traffic Act 1988 and the Highway Code
Anyone who fails to do everything reasonably possible to protect us as outlined in these pieces of legislation could cause an accident. Some examples of how these accidents might happen, and the injuries someone could sustain from them might include:
- A customer sustaining a serious head injury after a slip, trip or fall down a poorly lit stairwell in a restaurant.
- An employee experiencing harassment or bullying at work that their employer failed to take action against. The lack of support from their employer resulted in them suffering stress at work.
- Someone suffering a back injury after being in a cycling accident due to the driver failing to check their mirrors when overtaking.
If you have suffered something similar, call our team. They can provide further help and advice on the steps you can take following your accident.
What Are Damages Based Agreements And Conditional Fee Agreements?
Damages Based Agreements (DBA’s) and Conditional Fee Agreements (CFA’s) are similar. However, the fees solicitors may take in the event the claim is successful are calculated slightly differently.
The following sections will look at the differences between these in more detail. Additionally, we’ll provide further information on the question: what percentage do solicitors take in different types of No Win No Fee agreements?
Conditional Fee Agreement
CFA’s were introduced to provide people with the means to seek legal representation whilst avoiding the usual upfront costs. They were often used for workplace accident claims. However, they can be used for any personal injury claim.
Under a CFA, the solicitor will take a percentage of your compensation settlement if they win the case. This is known as a success fee which was implemented by the LASPO Act 2012. However, it was capped at 25% in the Conditional Fee Agreements Order 2013.
If they don’t succeed with your claim, you won’t be asked to pay the success fee nor any of their other fees.
Damages Based Agreements
For a DBA, a solicitor will set a pre-agreed amount that they’ll aim to get you in your settlement. They will then take a percentage of that amount.
Similarly to a CFA, they can be used for personal injury claims such as road traffic accidents, workplace accidents or public place accidents.
Legal Rulings Affecting These Claims
The case of A & Anor v Royal Mail Group [2015], a child accident claim, affected the deductions that are taken from a claimant’s compensation. More specifically, the success fee and After The Event Insurance (ATE).
ATE is the insurance that claimants are often advised to take out before a claim. It’s used to cover the defendant’s legal costs in case the claim fails and the defendant asks them to pay.
However, the judge advised that solicitors should carry out a detailed risk assessment of each case to check whether it was reasonable for claimants to take out this insurance.
For instance, if it’s a straightforward case where the defendant has admitted liability, then the risk of losing the claim will be lower. In these instances, there would be little need for ATE insurance.
Furthermore, the judge suggested that success fees should be more competitive and reflective of the work a solicitor has done.
What Are The Pros And Cons Of No Win No Fee Claims?
As you know, there could be a fee involved if a solicitor is representing you under a CFA or No Win No Fee agreement. However, it can be beneficial for various reasons, including allowing you to avoid the following costs:
- Upfront costs
- Additional costs that may be incurred during your claim
This is particularly useful if you are unable to access legal aid, which isn’t available for all cases. Additionally, if the claim fails, you won’t be asked to pay solicitor fees. This can provide some security to the claimant.
However, it may mean there are more risks involved for the solicitor. For that reason, this encourages solicitors to weigh up the risks of cases more carefully. Furthermore, they won’t waste people’s time if they feel the claim would fail as they risk not getting paid.
Most importantly, a solicitor will have experience handling claims similar to your own. With this in mind, they can guide you through each step of your claim.
What Percentage Do No Win No Fee Solicitors Take?
As stated above, in a personal injury claim, the solicitor’s fee could be an upfront payment unless your solicitor offers No Win No Fee arrangements. Typically, under a No Win No Fee arrangement, there won’t be an upfront fee for your solicitor’s services. However, when a No Win No Fee solicitor successfully secures compensation, the solicitor will take a success fee from the award.
The amount that can be taken is a maximum of 25% of the compensation awarded if your solicitor offers a Conditional Fee Agreement, which is a type of No Win No Fee. The law sets this amount, so a solicitor cannot take more. However, the success fee is not taken from the special damages paid for future losses, such as loss of earnings if you are unable to return to work.
Additionally, the success fee will be agreed upon before your solicitor begins work on your claim. They could potentially offer you lower than 25% in some cases.
Later in this guide, we look at before the event insurance and after the event insurance. When No Win No Fee solicitors fail to secure compensation, solicitors fees for personal injury claims may come from after the event insurance.
Our advisors would be happy to discuss No Win No Fee arrangements with you. Call them any time with your queries. All our legal advice is free.
When Could Success Fees Be Charged?
For personal injury claims, the success fee is often charged when a solicitor successfully wins the claim. They were introduced after the LASPO Act 2012 prevented solicitors from recovering all their legal costs from the defendant.
As a way to recompense solicitors for their time spent on cases, the success fee was introduced. It provided solicitors with a way to recover costs for their work on claims.
What Happens If My Claim Is Unsuccessful?
In addition to exploring the question: what percentage do solicitors take in successful personal injury claims? It’s also important that you know the fees you may be asked to pay if your claim is unsuccessful.
In these cases, you could be asked to pay your defendants solicitor fees. For that reason, your solicitor may advise that you take out insurance as a contingency. There are two types of insurance to be aware of:
- Before the event insurance (BTE): This is usually included in your home insurance policy so it could be insurance that you already have. In that case, you wouldn’t need to take out after the event insurance.
- After the event insurance (ATE): This is insurance you would only need to take out if you didn’t have BTE.
However, a solicitor should weigh up the risks of losing your claim before advising whether it’s reasonable for you to take out insurance. If they feel there is a risk of your claim being unsuccessful, you should be made aware before you go ahead.
How Do I Calculate My Settlement?
Whether you’re claiming under a CFA, DBA or without any legal representation, you have the right to seek compensation. In a personal injury claim, you can seek compensation for general damages and special damages.
General damages cover you for the injuries you’ve sustained and the impact they’ve had on your quality of life. This could include physical and psychological injuries. Furthermore, when valuing your claim, it will be considered whether there will be any long term impacts on your life.
In order to value your injuries accurately, you will need to provide medical evidence. This could be in the form of doctors or hospital notes, patient records or prescriptions. Each of these can provide information on the diagnosis or treatment you may have received.
Furthermore, you may be required to attend another medical assessment independent of your own doctors. This can provide an unbiased report on the extent of your condition or injuries.
It can also be useful if you’re claiming a while after the accident happened. For instance, it can give information on the current state of your condition and more accurate details on the long term impact your injuries have had.
Alongside the different forms of medical evidence, a document called the Judicial College Guidelines can help to value claims. The table below uses figures from this document to give you an idea of how much you could claim for various injuries.
| Type of injury | Comments | Example compensation award |
|---|---|---|
| Paraplegia | The award will depend on the severity of pain and any psychological impacts, as well as other factors. | £219,070 to £284,260 |
| Brain damage | Moderate: (ii) Symptoms that included an intellectual deficit, reduced prospects of returning to work and a risk of epilepsy. | £90,720 to £150,110 |
| Leg amputations | (iii) Amputation of one leg performed above the knee. | £104,830 to £137,470 |
| Severe leg injury | Serious (iii) Injuries such as a compound fracture that results in a prolonged treatment. | £39,200 to £54,830 |
| Arm | Severe arm injury such as damage to the brachial plexus. | £96,160 to £130,930 |
| Arm | A simple forearm fracture. | £6,610 to £19,200 |
| Pelvis and Hipbone | Severe: (i) An extensive fractured pelvis alongside other injuries such as a ruptured bladder or dislocated lower back joint. | £78,400 to £130,930 |
| Neck | Moderate: (iii) Injuries that have made a pre-existing condition worse in a shorter space of time than if they hadn’t suffered the injury. | £7,890 to £13,740 |
| Shoulder | Moderate frozen shoulder which limits movement and causes discomfort that may continue for up to two years. | £7,890 to £12,770 |
| Back | Minor (ii) The person will make a full recovery within two years and won’t require surgery. | £4,350 to £7,890 |
| Mental Anguish | The fear of impending death or reduced life expectation. | £4,670 |
How Are Special Damages Calculated?
Along with general damages, you could claim compensation for special damages. These may compensate you for any financial losses you’ve incurred as a direct result of your injuries. They include both losses from the past and the future.
Some examples of the losses you might have faced, include:
- Loss of earnings due to being unable to work, whether temporarily or permanently
- Care costs for you or anyone else who may be dependent on you, such as a child or elderly parent
- Medical expenses such as private physiotherapy or counselling
- Travel expenses such as to and from doctors or solicitor appointments
However, it’s important to be aware that not every claim will include special damages. Also, they may be different for each claim. For that reason, they are calculated separately to general damages.
If you are claiming compensation for monetary losses, you should ensure you have evidence. For example, receipts, payslips or invoices.
Could I Make A No Win No Fee Claim?
In order to seek compensation, your claim must be valid and you must be able to demonstrate negligence. For negligence to be proven, your claim must meet three requirements:
- Someone owed you a duty of care such as an employer, other road user or occupier of a public place
- They breached the duty of care they owed you
- As a result, you suffered either physical or psychological harm
If your claim meets these three criteria, then you could seek legal representation under a No Win No Fee agreement or CFA.
This means you can avoid upfront costs and costs that may incur while your claim is ongoing. Furthermore, if your solicitor is unsuccessful with your claim, you won’t pay solicitor fees.
However, if your claim is successful, you’ll pay a legally capped percentage of your total compensation settlement.
All of our solicitors accept cases on a No Win No Fee basis. So, if you’d like to discuss the possibility of claiming with us, get in touch with an advisor on the number above. Additionally, they can provide further details on the question: what percentage do solicitors take?
Contact Our Team
Although we have aimed to cover valuable information in our guide, we understand if you require further clarification. For that reason, our expert team of advisors are available 24/7 to help with any questions you may have.
Additionally, if you’re ready to put forward your claim, they can assess the validity of your case. If they feel it has a chance of succeeding, they can appoint one of our solicitors to represent you. A solicitor can then advise you on the next stages of your claim.
No matter whether you want to get started with your claim or have more questions, get in touch with our team using the details below:
- Telephone — 0800 073 8804
- Please send us your enquiry, and an advisor will contact you
- Get instant advice using the chat feature below
Essential References
For more information on compensation following an accident, see the government guide.
The NHS can help with any medical advice you may need.
The Royal Society for the Prevention of Accidents has useful information on the prevention of accidents.
If you suffered a whiplash injury, see our guide for more information. It may provide details of the process of claiming compensation with regards to the new Whiplash Reform Programme 2021.
Did you sustain an injury in an accident at work? If so, our guide could help you understand your rights.
See our guide for more information on making a supermarket accident claim for an injury sustained while shopping.
Thank you for reading our guide exploring the question: what percentage do solicitors take in No Win No Fee agreements. We hope you found it informative.
Guide by Mitchell
Edited by Billing
