The No Win No Fee Solicitor

The No Win No Fee Solicitor FAQs What is a ‘no win no fee’ agreement? A ‘no win no fee’ (or conditional fee) agreement does exactly what it says. If you win your compensation claim under a no win no fee agreement, your solicitor’s fees are paid by the losing side. However, your claim is unsuccessful, your solicitor doesn’t get paid. Since legal aid was abolished for personal injury and many medical negligence cases in 2000, no win no fee agreements have allowed many people to win compensation for injuries caused through no fault of their own. Many may have been put off accessing the legal system due to high costs, but through no win no fee agreements, people perhaps on a low income or claiming state benefits can bring a case for compensation. What sort of cases can ‘no win no fee’ agreements apply to? We don't just limit "no win no fee’ agreements to accident compensation and medical negligence. For appropriate cases we also offer: No win no fee unfair dismissal No win no fee constructive dismissal No win no fee contested wills No win no fee professional negligence cases How does a no win no fee agreement work? There are a number of types of no win no fee contracts. In its original form, the no win no fee agreement allows a claimant to bring a compensation claim without worrying about paying a solicitor’s fees if they lose their claim. If a case succeeds, the winning solicitor gets paid (plus a “success” payment for taking the risk of receiving no fee) from the losing side. However, if a settlement orders the losing side to pay only part of case costs, the successful claimant is liable to pay for their solicitor’s remaining fees. The costs involved may include disbursements, or costs incurred by a solicitor in preparing the case. No win no fee agreements can vary from solicitor to solicitor, so make sure you check the terms and conditions of any no win no fee contract before signing. Do I get to keep 100% of my compensation? Many television or newspaper adverts describe how a personal injury lawyer will take a no win no fee case and guarantee 100% compensation for a client at the end of proceedings. However, do check with whoever takes the details of your claim that you will indeed pay nothing if you lose, and keep 100% of your compensation. Some cases of, for example, medical negligence or criminal injury may be taken on on the basis of a solicitor receiving a portion of any compensation payment. This may be due to the heightened risk involved in pursuing such a case. Such terms are undertaken in Scottish law firms, but in general, solicitors in England and Wales should offer the option of a ‘no win no fee’ contract with the agreement that a client will keep 100% of their compensation if successful. If unsure, a client should ask for a solicitor to run through the terms and conditions of such an agreement before signing. Do I have to pay any costs if I lose my claim? If you lose your claim, you can be protected from paying costs by an ‘after the event’ insurance policy. Solicitors encourage taking out such insurance, as costs to a claimant on the losing side can be substantial. Many no win no fee agreements stipulate that it is only a solicitor’s fees that are conditional, so a client may be liable to pay third party fees involved in pursuing a case. These may include court and barrister’s fees, so costs can be extensive. However, if ‘after the event’ insurance is acquired, a premium is usually not payable if a case is unsuccessful. Costs may be incurred if a case is lost through the fault of a claimant, for example, if they fail to act on a court order relating to the case. How do I make my no win no fee claim? If you believe that you have a case for compensation as a result of negligence, then you should contact a specialist no win no fee solicitor, who can advise you whether your claim is worth pursuing or not. It is advised that a claim be made as early as possible after an incident – there is a time limitation on launching a compensation case, and investigation of the claim and subsequent casework is best carried out soon after an event. Also, notes should be kept on events surrounding a claim, with a diary of what has occurred recommended as potential evidence to prepare a case. What does negligence mean? In law, the term negligence is defined as “a breach of a duty of care which results in damage”. A third party must be at fault for a negligence case to be pursued, so if you were injured whilst, for example, under the influence of alcohol, that may prevent you from making a claim. A no win no fee solicitor will advise as to whether a case is worth pursuing for compensation. Do I need a solicitor? By law, a solicitor has the power to issue legal proceedings and start the process of bringing a case against a third party. Therefore, a solicitor should be sought in order to pursue a compensation claim. In picking a solicitor, look carefully at the experience of a firm in dealing with accident compensation claims, and the type of claims in which they specialise. With an experienced no win no fee solicitor, you can be assured your claim is being thoroughly pursued using all the evidence possible to win your case. Is legal aid available for accident compensation claims? As of 2000, legal aid was withdrawn for personal injury and accident compensation claims. This ruling also applies to many medical negligence cases, although in certain circumstances, legal aid can be granted. With Bonallack & Bishop holding a contract to bring legal aid cases for medical negligence, we are one of a very small number of law firms permitted to act for those who may have previously found access to the legal system difficult. Will I need to go to court? Bringing a compensation claim is often be a lengthy and expensive process, requiring many hours of preparation and evidence gathering. Therefore, many compensation cases are settled “out of court”, with liability for an accident agreed by the respective parties, and payment for damages settled without the need to attend court. However, if a case for compensation is disputed, a claim will be brought before a court. Such action often increases case fees, with, for example, payments to a court due by a losing party at the conclusion of a claim. What evidence is needed for a “no win no fee” compensation claim? Key to winning a no win no fee compensation claim is the need to prove that not only have you suffered an injury, but also that your injury was the fault of a third party’s negligence perhaps in a car accident or a medical error. Getting the names and contact numbers of witnesses to an accident, photographs of a scene or, for example, car registration and other details are very important in gathering evidence for a claim. Records of time taken off work, medical visits and other financial costs incurred as a result of an injury are also vital in preparing a compensation claim, and proving negligence. What is “after the event” insurance? After the event insurance is a legal expenses policy taken out to cover solicitors’ and other fees in bringing or defending a compensation case. If a claimant loses their claim, they are protected against the payment of their opponent’s legal fees through such an insurance policy. If they are successful, the premium for the policy is usually payable by the losing side. Many after the event insurance policies contain certain terms and conditions affecting a case, including giving the insurer the power to make a client accept a settlement out of court. However, in the face of potentially enormous legal fees from an opponent, taking out this insurance policy is strongly advised by most, if not all, no win no fee solicitors. Some solicitors may pay for the insurance policy on a client’s behalf until the end of a case, when they will seek repayment from the losing side. This should be checked with a solicitor when discussing the matter of insurance. What are disbursements? Disbursements are costs incurred by your no win no fee solicitor in preparing a compensation claim. In preparing a claim, a solicitor may have to request medical or police reports, or the services of a barrister, which can/will incur charges. In the event of a successful case, a solicitor can claim disbursement costs from the losing side, though this depends on the nature of a settlement. If disbursement costs cannot be claimed from an opponent, a successful client may well be liable to pay. If an after the event insurance policy is taken out, this can generally be used to pay for disbursements, and those of an opponent if a claim is unsuccessful.

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