Everything you need to know about ‘no win no fee’ claims

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If you’ve sustained an injury or been involved in an accident, you are entitled to make an insurance claim if the fault lies with another party. Whether it’s a leisure-related injury, a slip, trip or fall at work, or any other incident that caused you harm, you may be entitled to compensation.

Though the notion seems quite straightforward, issues arise due to the high costs that are incurred while obtaining the legal aid you need in order to make a claim. These costs frequently put people off filing a claim, even when they are certain the injury wasn’t their fault.

The concept of a ‘no win no fee‘ claim was developed to address this issue. It gives you the chance to make a claim without incurring any legal expenses until your compensation is assured. If you fail to win the case, you won’t be left owing money for a claim that went nowhere.

How it works

A ‘no win no fee’ case means that, if your solicitor or lawyer fails to win your case, you won’t pay any fees.

The solicitor or firm in question enters into the agreement with you on the understanding that you will only pay if they are successful in their claim. Lawyers generally only take on such cases when they are confident that they will win, and that both you and they will receive some money. The benefit to you is that there are no upfront costs, and you can rest easy knowing that – should the worst happen – you won’t be out of pocket. The benefit to your solicitor or lawyer is that they are able to take on cases that would otherwise never happen, due to the claimant being unable to afford their fees.

How does it work?

If your case fails, you won’t pay a penny. If your case is successful, you will pay your lawyer a ‘success fee’. This can be a flat fee agreed upon in advance, but it is usually a percentage of the compensation you win that is recovered directly from the compensation by your solicitor. A document called the CFA, or Conditional Fee Agreement, lays out the agreement. It is a formal and legally binding contract between you and your lawyer.

What you need to know

Should your claim be unsuccessful, you will not be obliged to pay any fees to your solicitor. You may, however, need to pay the court costs, any expert’s fees, and miscellaneous other expenses. Whether or not you are responsible for these payments will depend on the nature of your agreement.

To find out more about no win, no fee claims, contact us today.

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