No Win No Fee Compensation Claims Guide Help And Free Advice
By Olivia Fitzpatrick. Last Updated 12th July 2021. Welcome to our guide to No Win No Fee claims.
A No Win No Fee agreement can also be referred to as a Conditional Fee Agreement (CFA). It is a contract that sets out the terms a solicitor needs to meet before they get paid.
This means that people with limited financial resources will not be restricted in hiring a solicitor for pursuing any claim for damages caused by a breach of duty of care. Traditionally, a solicitor may ask you to pay an upfront sum in order for them to start working on your claim. They could also request ongoing fees while your claim is being worked on.
Under a No Win No Fee agreement, you don’t pay anything whilst your solicitor is seeking compensation on your behalf. If your solicitor is unsuccessful in claiming compensation for you, you won’t be asked to pay them. If your claim is successful, a legally capped “success fee” will be taken from your compensation award to cover their costs.
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Select a Section
- How does a no win no fee claim work?
- 100 % No win no fee compensation
- Personal injuries and no win no fee.
- Personal injury claims.
- Medical negligence claims.
- Data breach claims.
- No win no fee pitfalls.
- No win no fee compensation – what can you claim for?
- Who can claim compensation on a No Win No Fee basis?
- No win no fee claims – a walkthrough.
- The pros and cons of no win no fee compensation claims.
- No win no fee how much do solicitors take?
- Why choose our no win no fee solicitors?
What are the benefits of a No Win No Fee agreement?
This guide will detail just how a No Win No Fee agreement or a Conditional Fee Agreement could benefit you if you’re interested in making a personal injury claim with legal representation. As mentioned above, we work with a panel of specialist solicitors that all offer to work on a No Win No Fee basis. This means that if you decide you would like to pursue a claim, we can help.
In general, there are many benefits to making a claim using a solicitor that offers No Win No Fee terms:
- No upfront costs to pay
- No ongoing fees to pay
- Nothing to pay your solicitor unless they win your claim
By funding your solicitor on a No Win No Fee basis, you can potentially lower your financial risk. Expensive solicitors’ fees can be a major blow to unsuccessful claimants who then have to pay their solicitors, despite not having been awarded any compensation.
Instead, with a No Win No Fee agreement, you won’t have to pay your solicitor unless they win compensation for you. Furthermore, their costs will be deducted from the settlement you are awarded.
In addition to this, any payment they do take is capped, so you’ll always receive the majority of the settlement you are awarded. To learn more, or to see how our service could help you, please read on.
This is a guide to how No Win No Fee agreements, or Conditional Fee Agreements (CFAs) work. When you sign a CFA, your lawyer will begin working on the case and will represent your case without asking for legal fees upfront.
Instead, they will deduct a portion of your compensation if your case is a success and you are awarded money. Because there is a chance that a lawyer may not receive payment for taking on a case on a No Win No Fee basis, they consider these cases carefully. If they take on your claim on this basis, it could be an indicator that they think your claim has a good chance of success.
For more information on how No Win No Fee agreements work, get in touch with our team today. One of our solicitors could take on your case on this basis.
In the past, when personal injury cases were won the fault third party would pay all the claimants legal fees when they claimed with a No Win No Fee solicitor.
However, in April 2013, changes to the law meant that No Win No Fee solicitors were no longer able to claim all of their legal fees from the defendant. In order for it to be financially viable for solicitors to continue to represent claimants on a No Win No Fee basis, it meant that changes were needed. Now, the claimant pays a small capped percentage from their compensation award to cover the shortfall in solicitor’s fees. This is known as a success fee.
An insurance policy that includes legal cover, such as home insurance, or if you’re a member of a trade union you may have included in these policies legal representation. This means you will receive 100 per cent of your compensation if you decide to use a solicitor. In this case, the insurance company or union will cover legal fees. You can also make a compensation claim without legal representation at all; if you do so and you’re successful, you will receive all of the compensation you are awarded.
When a solicitor takes on a case on a No Win No Fee basis, it means that they are taking a risk that they won’t receive a payment if the claim isn’t a success. This usually means that a No Win No Fee solicitor will usually only take on claims on this basis if they feel that they have a good chance of being successful.
No Win No Fee claims for compensation usually fit into one of three categories. These are personal injury claims, medical negligence claims and data breach claims. We’ll look at these different categories in greater detail in the next few sections.
There is generally a three-year time limit to starting a personal injury claim for compensation. However, there are some exceptions to these time limits; get in touch with us for more information.
You can pursue a personal injury claim if the negligence of someone who owed you a duty of care caused an accident that resulted in you being injured. A duty of care describes the responsibility that certain parties have to take reasonable steps to keep you safe.
You’re owed a duty of care in a number of different circumstances. For instance, your employer owes you a duty of care while you’re at work according to the Health and Safety at Work etc. Act 1974. This means that they need to take reasonable steps to ensure your safety.
While in public, the Occupiers’ Liability Act 1957 outlines the responsibility that the person in control of a public space (the “occupier”) has towards your safety. Similarly, the Highway Code outlines the duty of care that all road users have to one another to keep everyone safe.
Examples of personal injury claims that a No Win No Fee solicitor could represent include:
- Your employer leaves a spill on the floor which isn’t cleaned up. No “wet floor” sign is used to alert employees of the hazard. As a result, you slip on the spill and suffer a back injury.
- While in a supermarket, you reach to take a product down from a shelf. The shelving unit is not secured to the wall. This means that it falls on top of you, breaking your rib.
- While on the road, another driver pulls out of a junction unsafely because they are looking at their phone. This means that they hit the side of your car as you pass, causing your elbow to fracture.
In this section of our No Win No Fee claims guide, we are discussing medical negligence claims. This is where a healthcare provider breaches their duty of care towards you and you’re injured, harmed or your condition is made worse as a result.
When you seek medical attention, you are entitled to receive care of the standard expected of the profession. This is the case whether you’re visiting an NHS or private healthcare provider. It also doesn’t just apply to doctors and hospitals; for example, dentists are also required to provide you with the right standard of care.
However, it’s not always easy to tell whether your condition has gotten worse as a result of negligent medical treatment. Sometimes, your condition can worsen or harm can be caused when the healthcare professional treating you is doing all they can do to provide you with the right standard of care.
For example, you may go into the hospital with a badly broken leg. Because of the extent of your injuries, your leg has to be amputated. Even though the surgeon who performs the amputation is causing you further harm, it’s within their duty of care to do so.
Some examples of errors during medical treatment that could be the result of negligence include:
- A doctor failing to diagnose a disease that you are showing clear symptoms of. This leads the condition to worsen without treatment.
- During childbirth, your baby’s vital signs are not properly monitored. This results in a birth injury that causes brain damage.
- You go in for an operation on your right knee, but the surgeon misreads your medical notes and operates on the left. This means that you have undergone surgery on the wrong site and will need to be operated on again.
There are a wide range of organisations that hold our data for a number of different reasons. The General Data Protection Regulations (GDPR) in Europe, alongside the Data Protection Act 2018 and UK GDPR in the UK, restrict how organisations can store, process and handle our data.
A data breach is a security incident that results in personal data being lost, altered, destroyed or disclosed to or accessed by an unauthorised party. “Personal data” is any information that could be used to identify you, either alone or in conjunction with other information.
A data breach could cause you financial harm, for instance, if your identity is stolen and money is taken from your account. But it could also cause you emotional harm, for example, if your medical records were exposed by your doctor’s surgery this could cause you depression and anxiety. You can be compensated for both financial and emotional harm if you’ve been affected by a data breach.
Some examples of data breaches that could cause harm to you include:
- Your disciplinary record is mistakenly published on your employer’s intranet. This causes you a great deal of stress and anxiety.
- Your bank details are exposed by your bank. This means that a third party is able to pose as your bank in order to carry out a phishing scam. As a result, they are able to steal your money.
- Your doctor’s surgery mistakenly updates your contact details instead of those of another patient. This means that the other patient receives a phone call meant for you about your test results and prescriptions, which causes you anxiety and stress.
No Win No Fee agreements can help those who don’t have the funds to pay a solicitor in the traditional way to access legal representation. However, there can also be downsides to seeking representation on this basis.
While a No Win No Fee agreement means that you will not be asked to pay anything to your solicitor unless your compensation claim is a success, it does not include any legal fees that you may owe to the other party. If you’re responsible for the other party’s legal costs, then you may need to take out an insurance policy to cover this.
You might also need to cover legal fees if you don’t fully cooperate in the course of your claim, or if you decide the abandon the claim after your lawyers have already started working on it. This is because, if you abandon your claim, your solicitor has no way to recover their costs for the work they have already carried out.
If you would like to know more about the benefits that a No Win No Fee agreement can offer, speak to our team today. Otherwise, read on to find out more about what you can claim for on a No Win No Fee basis.
When you make a personal injury claim for compensation following an accident, you could receive two different “heads” of claim in your payout. These heads are referred to as general and special damages.
General damages are the part of your compensation that covers the pain and suffering your injuries have caused you. Because of this, the amount you receive in general damages will depend on how severe your injuries are and how long it takes you to recover. If your injuries have caused you permanent problems, this will be taken into account when your claim is valued.
Special damages will compensate you for any financial losses that you have incurred as a result of your injuries. For instance, this could include:
- Loss of earnings
- The cost of treatment
- Care costs
- Plans that you have been unable to commit to, for example, a holiday that you are no longer able to attend
- Travel costs to and from medical appointments
Please be aware that these two different kinds of damages are only relevant in personal injury and medical negligence claims. Data breach claims involve “material” and “non-material” damages. Material damages cover any actual financial harm caused to you, where non-material damages cover any emotional damage you’re caused.
For more information on how much you could receive in compensation, get in touch with our team. We could give you a no-obligation valuation of your claim today.
In most cases, the person who will pursue a compensation claim following an accident will be the injured party themselves. However, there are some instances where the person making the claim is not actually the person who has been injured.
In some cases, a person is not legally able to represent themselves in a personal injury claim. This includes people who are under the age of 18 or who lack the mental capacity to pursue their own claims.
In these instances, a litigation friend can claim on behalf of the injured person. This is someone who acts in the interests of the claimant and makes decisions for them in the court case.
You can also make a No Win No Fee claim on behalf of someone who has passed away in a fatal accident. For instance, you can claim if you were financially dependant on the deceased or a close family member. The estate of the deceased person can claim if there are no family members or dependants to do so.
When you employ a solicitor under a No Win No Fee agreement, they will begin with a fact-finding session. This will aim to collect all the details of the accident and the injury.
They will use these facts to analyse your case and determine whether you have a good chance of successfully claiming compensation. If they feel you do, then they will formally offer to represent you on a No Win No Fee basis.
The solicitor will take the details of your case and contact relevant experts to make sure that they are consistent with the events that occurred. The next stage is for your solicitor to contact whoever they feel are liable for the incident that led to your injuries. For example, they may send a letter to your employer advising them as to why you are pursuing a claim.
These are the major actions that a solicitor engaged under a No Win No Fee agreement will take on the client’s behalf. However, each case is unique, and there may be issues outside of these examples which arise. The solicitor should offer you support and guidance throughout the claims process.
To learn more about the No Win No Fee claims process, please get in touch with our team. Otherwise, read on to find out more about the pros and cons of No Win No Fee solicitors.
No Win No Fee agreements and self-funded claims each have different advantages and drawbacks. It’s important that you are informed about the differences so that you understand which is best for your circumstances.
This means the claimant will pay the solicitor as the case progressors and may need to pay the solicitor an upfront payment for them to start working on the case. As you are paying the solicitor out of your own pocket you will receive 100% of the compensation in a successful claim.
No Win No Fee Solicitors
If you decide to employ a solicitor under a No Win No fee arrangement, then you don’t run the risk of having to pay large legal fees to your solicitor in the event of an unsuccessful claim. In effect, the solicitor is gambling on the fact that you will receive compensation.
However, if you lose the case, you may still have to pay costs to the opposing side. In most cases, your solicitor will recommend that you take out some form of insurance to cover these additional costs if the claim is unsuccessful.
Another advantage of a No Win No Fee agreement is that it gives you some peace of mind that the solicitor feels your claim has a good chance of success. This is because they will not be paid unless your claim is successful. For this reason, being offered a No Win No Fee agreement indicates that your solicitor thinks you have a strong case.
As we’ve already mentioned, a No Win No Fee agreement means that your solicitor doesn’t charge you an upfront fee in order for them to start work on your claim. They also won’t charge you any ongoing fees while it’s being pursued.
Instead, to cover their costs, they will deduct a percentage of any compensation you are awarded to cover their costs.
The amount of compensation that can be deducted as a success fee is outlined in the Conditional Fee Agreements Order 2013. According to this legislation, the maximum fee that a solicitor can claim is capped at 25% in personal injury claims. However, when you claim through us this fee is negotiable and can be as low as 15%.
Nobody should be dissuaded from making a personal injury compensation claim just because they cannot pay the legal fees involved in seeking legal representation. Luckily, No Win No Fee solicitors can help those who aren’t able to pay large upfront or ongoing costs.
When you contact us about a compensation claim, we will take each fact of your accident into account during a completely free consultation session. Once we have all the facts, we will advise you on the best action to take.
Each compensation claim is unique, and we take all information into consideration as we build your case. Every client is valuable to us, and we pride ourselves on the high standard of customer service we deliver.
Under our No Win No Fee agreement, our legal fee is tied to the amount of compensation we win on your behalf. This means our lawyers will do their best to ensure a successful outcome in your claim for compensation.
Start Your No Win No Fee Claim Today
If you have suffered personal injury as the result of an accident that was not your fault, then you should contact us. When you get in touch, you’ll be invited to speak with us during an initial free legal advice session.
This is a no-obligation phone call in which we chat with you about the circumstances of your accident. After this, we will let you know whether we think your claim has a good chance of success.
If you have a sound case, our solicitors will work on a No Win No Fee basis. You won’t have to pay a penny to us in ongoing legal costs, and there’s nothing to pay to us at all if you lose.
If you feel you could benefit from this kind of agreement, why not speak to us today? We could take your case on a No Win No Fee basis.
More useful links below
Below, we’ve included some other guides you may find useful.
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