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No Win No Fee Solicitors

If you’ve been injured or suffered other losses due to someone else’s negligence, but you’re worried about the cost of pursuing a claim, no win no fee solicitors offer a way to make a compensation claim without any financial risk to you. That’s because you won’t have to pay any legal fees upfront, and even then you’ll only pay if your claim is successful.

What is No Win No Fee?

No Win No Fee – also known as a conditional fee agreement (CFA) – is an agreement between you and your solicitor which means you won’t have to pay their fee if they don’t win your case. This means that you don’t pay any costs upfront – once your solicitor takes on your case, you’ll only need to pay them if you win compensation.

DID YOU KNOW: Before 1995 it was illegal for a lawyer to fight a claim on a no win no fee basis

How does No Win No Fee work?

When you make a personal injury claim, most solicitors will help you make your claim on a No Win No Fee basis. There are some rare exceptions to this, but if this applies to your case, they’ll let you know before starting your claim and will talk you through the other options available.

No Win No Fee solicitors will be able to handle most of the claim on your behalf, leaving you with the time to concentrate on recovering from your injury. They’ll keep you up-to-date with any progress and will be on-hand to give you help and advice if you need it.

What types of personal injury can I make a No Win No Fee claim for?

Most types of personal injury claims can be made on a No Win No Fee basis. The main requirement is that someone has to be at fault for your injury, regardless of whether it happened whilst you were at work or in a public space.

Some examples of accidents you can make a No Win No Fee claim for include:

What percentage do solicitors take for a no win no fee claims?

If you win your case, your solicitor will take a small percentage fee from the compensation you’re awarded, but this is agreed between you before they begin work on your case – in most cases it will be up to 25% of the money you receive. There are no hidden fees – the main priority is to make sure you get the money you need for your recovery, so you don’t need to worry about all your compensation being taken up by legal fees and solicitors’ costs.

No Win No Fee Video
For over a decade, the no win no fee system has been the basis for making personal injury claims in the UK. This video explains the basics of how no win no fee works.

What happens if I lose my case?

If you don’t win, you won’t need to pay your solicitor. This removes any financial risk to you when making a personal injury claim. They’ll take out what is known as ATE insurance, which covers your legal fees if you lose your claim. ATE insurance covers costs and expenses paid out on your behalf including expert reports, barristers’ fees and court fees.

If you lose your case, you’ll usually need to pay at least a proportion of the other party’s legal costs. However, ATE insurance also covers this for you, so it adds another layer of financial protection.

What happens if my case is abandoned?

Some cases are abandoned part way through a claim; for instance, it may become apparent following expert evidence that the chances of you winning your claim are far lower than first thought. ATE insurance will also cover the legal fees and costs already incurred if your case is dropped.

What are termination fees?

Termination fees may apply if your case doesn’t proceed because you don’t cooperate fully with your solicitor by:

  • Deliberately misleading your solicitor,
  • Failing to attend a court hearing, or
  • Not going to a medical/expert examination

This fee will be based on time spent on your claim, but you don’t need to worry about it as long as you comply with the things that your solicitor asks you to do.

How to make a no win no fee claim

To find out whether you could make a no win no fee claim, you can speak to a trained legal adviser for free on 0800 234 6438, or enter your name and phone number into one of the contact forms on this page and they’ll call you back. Generally, it’s likely you could claim if:

  • Your accident happened in the last three years
  • It was somebody else’s fault

But we know it can sometimes be difficult for you to tell who’s responsible for your injury, so we recommend getting in touch with a legal adviser for assistance.

What is legal aid?

Legal aid hasn’t been available for personal injury claims since the year 2000 – instead, it was replaced by No Win No Fee.

Legal aid is funding from the government which helps people to pay for legal costs so that they can get a fair hearing. Although this is no longer possible for personal injury cases, it can be used for other legal cases such as medical negligence involving children.

In order to be able to receive legal aid, you have to prove that you can’t afford to pay for legal representation on your own.

Other available funding options

Some people have no other funding options to help them make a compensation claim, which is why most injury solicitors take claims on a no win no fee basis. However, you might find that you do have other funding options without realising – for example:

  • You can check your household insurance policy – you may find it includes legal expenses insurance which will cover some or all of a personal injury claim
  • You may have trade union funding if your accident happened at work – check the terms to see whether trade union insurance cover is included for personal injury claims and on what terms

Sometimes there’s a shortfall in the amount you’ll be covered for, so it’s worth double checking how much is available. Again, your solicitor can talk you through whether this provides enough cover and, if not, what your options are. In some cases, No Win No Fee can be used to make up the shortfall.

How much no win no fee compensation could I receive?

It is difficult to estimate how much compensation you could receive as the amount will depend on the injuries you have suffered, and the financial impact of those injuries. This is why compensation is split in to two different parts: general damages and special damage.

General damages cover the pain and suffering caused by the accident. Special damages cover the financial impact of your injuries, such as loss of earnings (including the loss of future earnings if you can’t return to work), medical expenses, and the cost of alterations to your house if your mobility is impacted.

For general damages, the Judicial College Guidelines are used as a reference point for solicitors and judges. The guidelines, currently in their 16th edition, are updated every couple of years to reflect recent court awards and increases (or decreases) in the Retail Price Index.

The table below shows a range of different types of injuries, and the amount of general damages awarded depending on severity. These figures do not include any special damages that you could be awarded.

How do I know if my No Win No Fee Claim will be successful?

While every case is unique, and there’s no guarantee your no win no fee claim will be successful, there are several factors that can influence the outcome of your claim:

  • The strength of your evidence: The more compelling and credible your evidence, the stronger your claim will be. Strong evidence can include medical reports, witness statements, photographs, or video recordings.
  • The liability of the defendant: To be successful, you need to be able to prove the other party was responsible for your injury or loss. This means demonstrating they were negligent or breached their duty of care.
  • The legal basis for your claim: Your claim must have a solid legal foundation. This means it must be based on applicable laws or regulations the defendant has violated.
  • The expertise of your solicitor: A skilled no win no fee solicitor can help you assess your chances of success, gather evidence, and present your case effectively.
  • The defendant’s willingness to settle: In some cases, the defendant may be willing to settle out of court to avoid the time and expense of a full trial. This can be a favourable outcome for both parties.

Can I claim on someone else’s behalf with No Win No Fee?

Yes, you can. In some cases, the injured person is unable to make a compensation claim because they’re too young; or they might be so seriously injured that they’re mentally incapable of giving instructions and understanding what’s happening. In these cases, the next of kin or another close relative can make a claim on their behalf. No Win No Fee is available in the exactly the same way as any other injury claim.

Your solicitor can talk you through the process of claiming on somebody’s behalf, but in some cases, they’ll need the injured person’s consent to start the process.

For more information, and to find out whether you could make a claim, you can speak to an expert legal adviser on 0800 234 6438. If you decide to go ahead with your claim, they’ll be able to put you in touch with a solicitor who can take you through the next steps.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.