A Complete Guide To Success Fees In Personal Injury Law

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What Is A Success Fee And How Is It Calculated?

By Lewis Cobain. Last Updated 20th October 2023. If you’re looking to make a compensation claim, you may be here to learn more about No Win No Fee agreements and the success fees associated with them.

When hiring a solicitor under a No Win No Fee agreement, known as a Conditional Fee Agreement (CFA) you’re required to pay a success fee to them to cover their fees if the claim wins. In this guide, we explain what a success fee is, how much you may have to pay, and how our No Win No Fee solicitors can help you take legal action.

If you’d like to ask us a question or if you’d like to make a claim, you can speak with us free of charge by using any of the methods below:

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what is a success fee

What is a success fee in No Win No Fee agreements?

Select A Section

  1. What Is A Success Fee?
  2. Examples Of Success Fees In Personal Injury Claims
  3. Could I Make A Personal Injury Claim?
  4. Examples Of Personal Injury Compensation Payouts
  5. Make A No Win No Fee Personal Injury Claim
  6. Learn More About Success Fees In Personal Injury

What Is A Success Fee?

So, what is a success fee exactly?

Solicitors who operate on a No Win No Fee basis will take a percentage of your compensation package if they win your claim. This is known as a success fee and pays your solicitor for the time they’ve spent working on your case.

Under a No Win No Fee agreement, the success fee is taken as a percentage of your compensation, regardless of the settlement figure you receive. However, as per the Conditional Fee Agreements Order 2013, the fee is legally capped at 25% for personal injury claims. 

This does not mean that a solicitor will always take 25% of your compensation; it means that they can take an amount up to this level. The amount deducted can depend upon the work completed on your case.

Which Cases Do Success Fees Apply To?

No Win No Agreements can be offered in several types of personal injury claims, including claims for:

If you are interested in making a claim and want to learn more about success fees in personal injury claims, then please reach out to one of our advisers.

Examples Of Success Fees In Personal Injury Claims

As we’ve seen above, success fees are awarded to a solicitor following a successful claim that has been made on a No Win No Fee basis. Success-based fees are capped by law – this way, the majority of your settlement is protected. Below, we have included a few examples of how much could be taken from a settlement in the form of a success fee by your No Win No Fee lawyer.

  • If you received £50,000 in compensation for an arm injury – If the success fee was set at 10%, then the solicitor would take £5,000 from your settlement should the claim be successful. This would leave you with £45,000.
  • If you were awarded £10,000 for a neck injury – Should the success fee be set at 12%, then your lawyer would take £1,200 from your compensation. You would be left with £8,800 as result.
  • If you received £100,000 for psychological damage – The success fee may have been set at 25%. If so, then your lawyer would receive £25,000 should your claim succeed. You would receive £75,000.

For more success fee examples, get in touch with our advisors. We can take you through how much you could be awarded in compensation.

Could I Make A Personal Injury Claim?

In order to seek compensation, it’s important to hold a valid claim regardless of whether you seek legal representation. This means a personal injury claim must be able to demonstrate the three criteria of negligence, which include:

  • Someone owing you a duty of care
  • Someone breaching their duty of care to you
  • You suffering harm as a result

For instance, you slipped on a wet floor in a supermarket and broke your ankle because they failed to put down a wet floor sign or clean up the mess.

If you require further information on the different insurance policies available, please speak to our team of helpful advisors at the number above.

What Is The Time Limit For Personal Injury Claims?

Now that we’ve discussed what a success fee is in a personal injury claim, you might be wondering, ‘what is the time limit for personal injury claims?’. Usually, you have three years from the date you were injured to bring forward a claim.

However, there are times when the limitation period may be suspended, as stated in the Limitation Act 1980. For example:

  • If a minor is hurt in an accident, the time limit is suspended until their 18th birthday. They then have until their 21st birthday to take action if a claim has not been started on their behalf.
  • Should a person lack the mental capacity to make a claim by themselves, the time limit is suspended indefinitely and would only ever begin if they gain the mental capacity that is required to start a claim.

The court can appoint a litigation friend to take action on behalf of someone who is mentally unsound or is a minor, but only on the condition they can be trusted to make competent and fair decisions.

Please don’t hesitate to contact our advisors if you have any further questions about the time limit or success fees. They could connect you with our experienced No Win No Fee solicitors if you seek legal help.

Examples Of Personal Injury Compensation Payouts

Compensation is often comprised of general and special damages. General damages are the compensation you may receive for any physical or psychological injuries.

In order to accurately value your injuries, consideration will be given to the severity of the harm you’ve suffered and the likelihood of your injuries having a long-term impact.

For that reason, medical evidence will be required to understand the extent of your condition.  For instance, medical reports outlining any treatment or diagnosis you received.

Furthermore, you may be asked to attend an independent medical assessment to provide an additional report. The report can help to show the current state of your condition. Additionally, the report can provide details on the long-term impact your injuries may have had.

Alongside the above medical evidence, a document called the Judicial College Guidelines (JCG) may also be used to value your claim. We have created the table below using figures from the JCG. This can provide examples of the compensation you could claim for different types of injuries.

InjuryDetailsAward
EyeA minor eye injury such as exposure to smoke or liquids which cause temporary pain and vision impairment. £3,950 to £8,730
EarComplete loss of hearing in both ears.£90,750 to £109,650
ChestResidual damage to the lungs through inhaling toxic fumes or smoke.£5,320 to £12,590
ShoulderMinor (ii): A soft tissue injury that results in a complete recovery within a year.£2,450 to £4,350
ArmA serious fracture to the forearm that causes permanent disability.£39,170 to £59,860
WristA minor undisplaced wrist fracture that results in a full recovery within a year.£3,530 to £4,740
LegSevere: (iii) A serious compound fracture that results in ongoing issues. £39,200 to £54,830
AnkleA modest injury such as an undisplaced fracture. Up to £13,740

However, please call our team if your injury isn’t listed or you have any questions about how compensation may be calculated and what success fee could apply.

What Else Can You Claim For?

In addition, you can seek compensation for any financial losses under special damages. For instance, if you were unable to work for a few months due to your injury. In this instance, you could be compensated for any loss of earnings during this period of time.

Furthermore, other types of special damages might include:

  • Care costs for yourself or someone else you care for, e.g. a child, sibling or elderly parent
  • Medical expenses, e.g. counselling, medication or physical aids such as walking sticks
  • Travel expenses, e.g. taxis or public transport to and from hospital appointments

However, it’s important to note that you will need to provide evidence that these losses occurred. For instance, evidence in the form of receipts, invoices or pay slips which may be requested to support your claim.

For more information on other financial losses you may be able to seek compensation for, speak to a member of our team.

Do Success Fees Apply To Future Loss Of Earnings?

It’s worth noting that the success fee only impacts any past loss of earnings. The success fee in a personal injury claim does not apply to future loss of earnings.

A future loss of earnings might be claimed for when your earning capacity is likely to be negatively affected for the rest of your life as a result of your injury.

In order to calculate this loss, personal injury solicitors use evidence to determine how you will not earn the same in future as you would have done without being injured.

As with proving any type of financial loss, you will need to provide evidence to help your solicitors work out your future losses. For example, a pay slip and bank statement can be used to prove a future loss of earnings.

If you have any questions about success fees, please don’t hesitate to contact us. Our advisors work around the clock and are available to answer any questions free of charge.

Furthermore, you could be connected to our solicitors on the basis of a No Win No Fee.

Make A No Win No Fee Personal Injury Claim

We understand that the prospect of seeking legal representation can often be daunting and seem complex. However, the option of a No Win No Fee agreement can help. It can be beneficial to those who want to avoid:

  • Upfront costs
  • Other costs that may incur during your claim

Each of our personal injury solicitors at Legal Expert operate under a CFA. This means that if they fail to succeed with your claim, you won’t be asked to pay your solicitor fees.

Whereas if they are successful, you will need to pay a small success fee that is deducted from your compensation package. However, your solicitor will calculate and make you aware of the fee prior to starting your claim.

Furthermore, our solicitors can charge a lower rate in some cases rather than the maximum 25%.

If you would like to know more about how much success fees in personal injury claims are charged by solicitors, get in touch with an advisor on the number above.

Get A Free Case Consultation

Our advisors are available 24/7 to answer your questions. They can offer free legal advice and free valuation of your claim. If you’re unsure of whether the claim you hold is valid or you’re unsure how much it’s worth, they can help.

They can assess your case and if they feel it has a chance of succeeding, they can connect you with one of our solicitors. A solicitor can then work with you to determine the next steps you’ll need to take.

However, if you aren’t ready to start your claim yet, our advisors can still help by answering any questions you may have. We understand the process can seem overwhelming, but our advisors are here to provide more information.

For further help and advice, get in touch using any of the following options:

  • Telephone us at 0800 073 8804
  • Send your query to an advisor using the contact form
  • Speak with an advisor instantaneously using the live chat feature below

Learn More About Success Fees In Personal Injury

If you’d like to learn more about success fees in personal injury claims, we’ve included some helpful guides below:

We have lots more guides on personal injury claims which you can browse below: 

Thank you for reading our guide on the success fees in personal injury claims. We hope you found it informative. If you have any questions, please get in touch.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.