No Win No Fee Claims
What does no win no fee actually mean?
Have you just come on to the web after seeing a television advert with huge cheques and big "no risk to you" type slogans? Did you read the small print going across the bottom of the screen? Well, just in case you wanted to make sure before diving head-first into a personal injury lawsuit here is a run down of the commonly used advertising terms for personal injury claims and what they might actually be referring to.The two most common phrases you'll hear on TV or see in adverts regarding personal injury claims are "no win no fee" and "100% compensation". These are two completely separate concepts and both are not always available depending on your local legal procedures and/or your claim type. 'Don't the adverts say they give every case no win no fee and 100% compensation?' ... Yes, every case they actually take on. If your case cannot be run on no win no fee, or they cannot offer you a 100% compensation agreement, then they won't take your case to begin with. To save yourself some time when responding to an advert you see on TV or in the Local Newspaper ask the person you are calling upfront whether they actually take on your claim type otherwise you could be handing over all your personal details for no reason. Most adverts will have small print, as do most websites, at the bottom saying which case types they do not accept and/or which ones do not qualify for the no win no fee process or 100% compensation guarantees.
We should all know by now to read the small print of every agreement that is placed under our noses. All we get from the salesman when we agree to buy something is 'great, just sign here' ... not 'great, now let me go over the terms and conditions with you' - which is how it should be. Generally, no win no fee lawyers will always make you aware of the terms and conditions of their arrangement with you. This is because they have a lot to lose should you argue with the terms and conditions later. Unfortunately many claims handlers or middle-men, whether third party or directly employed by a no win no fee solicitors firm, are not always as forthcoming with the intricate details as they need you to sign the dotted line before they will get paid.
When can I make a No Win No Fee Claim
Depending on the types of no win no fee compensation claims, the expected compensation payout, and even where you live in the UK the solicitor may get you to enter in to a 'conditional fee arrangement' or require you to purchase an insurance policy to cover legal costs should you lose. 'Conditional fee arrangements' can take up to 30% of your compensation and legal insurance policies range from £200-£900 and are sometimes payable upfront. This sounds scary but most of these after-the-event legal insurance polices are 'self-underwritten' which means that if the case loses you will not have to pay the cost of the insurance policy either. In either case though, the statement of no win, no fee is accurate as the final state of affairs will be that if the solicitor does not win your case then you DO NO HAVE TO PAY ANYTHING.The phrase 'no win, no fee' is generally associated with the notion that if you lose you don't have to pay a penny and if you win you will receive 100% of your compensation. The first part of that statement is true but agreements such as a conditional fee arrangement may release you from all liability to pay any money should the case lose, but it will require you to pay an amount should the case win. The phrases 'no win, no fee' and 'receive 100% of your compensation' do not mean the same thing. Check with the person who is taking the details of your compensation claim that there will be nothing to pay if you lose AND nothing to pay if you win.
All of the no win no fee solicitors in England and Wales should offer you the option of no win no fee AND 100% of your compensation. Exceptions to this may be Criminal Injury cases and Medical Negligence cases, there are still many firms unwilling to run such claim types without payment from the client. Also, in Scotland the solicitor will require you to enter into a conditional fee arrangement on many case types. This will still entitle them to use the no win, no fee slogan but you will not receive 100% of your compensation. This is how the Scottish legal system works and there is no way around it. There are very few situations where you will not receive 100% of your compensation as a matter of course, but if you ask the solicitor and he says that you will receive 100%, then you'd better receive 100%.
All in all it is fully recommended that you speak to the solicitor who will actually be running your no win no fee claim and ask in no uncertain terms whether there will be any money upfront and/or requested during the case, if there will be a fee if you lose and/or if there will be a fee if you win. This way there will be no surprises along the way. If someone shows up at your door screaming 'no win, no fee' and puts an insurance policy in front of you face, ask to speak to a solicitor.
If you have any questions, simply give us a call or fill out our online claim form and we can help you start your no win no fee claim today.
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No Win, No Fee
If you have suffered a personal injury through no fault of your own then Claims Direct can put you in touch with No Win, No Fee solicitors who will strive to obtain the maximum amount of compensation on your behalf.Making a claim with us ensures that you will keep 100% of your compensation and we won’t charge you for our services if you lose your case.
We realise that making a make a No Win, No Fee claim can seem like a daunting prospect – especially if you are seeking compensation from your employer or a big organisation.
Our experienced team of claims specialists know that when you first contact us you might have many questions to ask about the process of claiming compensation. Asking “What is No Win, No Fee?” is a good starting point.
What is No Win, No Fee?
No Win, No Fee arrangements (otherwise known as Conditional Fee Agreements) have been helping people access the justice system since 1995. If you enter into a No Win, No Fee agreement you can be assured that you won’t have to pay your solicitor if you lose your case.A No Win, No Fee arrangement with Claims Direct means that you get to keep 100% of your compensation if you win – your solicitors fees will be recovered from the opposing side on top of any compensation you are awarded.
Take a look at our frequently asked questions section and you’ll see that we know you will have other questions and concerns – we’re happy to address them all.
Before you contact us, please note that making a personal injury claim is nothing to be ashamed of; the system of No Win, No Fee is designed to give people of all backgrounds access to justice.
If you want to take positive action that could mean another blameless person is prevented from suffering a personal injury then please take a look at our ‘how to make a no win, no fee claim’ section.
We won’t charge you for our services so why not contact us to find out about how we can help you get back on your feet!
Start your claim with Claims Direct or call us now for free on 0800 884 0279
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What is No Win No Fee Compensation?
No win no fee compensation claims are exactly that; compensation
claims where if you (the claimant) do not win your case then you do not
have to pay any legal fees or other expenses, even if you lose, thereby
taking the risk out of making a claim. In general a no win no
fee arrangement is one between a personal injury solicitor and their
client. They are also known as Conditional Fee Agreements (CFA’s) and
were introduced in 1995.
If you win your case then your personal
injury solicitor’s legal costs will be paid for by the defendant’s
insurance company and will not be deducted from your compensation sum.
Under the terms of a CFA, law firms are entitled to claim a “success
fee” on successful cases, which is a bonus of a certain percentage of
fees to take into account the extra risk taken on by the law firm. This
is also paid for by the defendant’s insurance company under current
rules.
What types of claims can be made on a No Win No Fee basis ?
Basically, all Personal injury
compensation claims can be undertaken by solicitors on a no win no fee
basis; the most common claims are for: -
- clinical / medical negligence
- accidents at work
- road traffic accidents (RTA’s)
- public liability (including slips, trips and falls)
- accidents on holiday
- sporting accidents
- criminal assaults
- military injuries
In general, a claim can be made in any
circumstances where the claimant is owed a duty of care by the defendant
and that duty of care is breached by the defendant, causing an accident
without the fault of the claimant. This duty is owed in most walks of
life from employers to their employees, doctors to their patients, road
users to each other and so on.
The Compensation
The amount of compensation the claimant
can receive will be negotiated by the personal injury solicitor in
conjunction with the defendant’s solicitor or decided at trial, although
most claims do not go to trial and are resolved out of court.
Ultimately, the purpose of the
compensation is to put a claimant into the position, so far as possible,
financially, they would have been in had the accident not taken place,
and make an award for pain, suffering and loss of enjoyment of life.
This means that as well as compensation for injuries, claimants can
also recover expenses, such as medical bills, and losses such as income
if unable to return to work.
Appointing a Solicitor
If you would like to make a no win no
fee compensation claim it is important that you seek advice from an
experienced personal injury solicitor straight away as there are time
limits in place for bringing a claim and mistakes can be made without
the right advice which can seriously impact on the chances of success.
The time limit is usually three years although this can differ in
certain cases. If the three year time period has expired then special
permission will have to be obtained from the court in order to bring a
claim.
Before entering into a no win no fee
arrangement you should make sure that you fully understand the terms of
the CFA and your legal expenses insurance policy, so that you are fully
aware of what you are entering into, for example, the amount of the
insurance policy premium.
We are specialists in all form
of no win no fee claims, this is the only area of law we practice in,
and we have been around for over 10 years.. We have a track record and,
unlike many other injury firms, you can see who you will be dealing with
right from the start by visiting our people page to find out more about
us.
