No Win No Fee Claims

What Are “No Win No Fee” Claims?

“No Win, No Fee” claims have been aggressively marketed over the past few years as a means of claiming compensation when you have been injured in an accident for which you were not to blame. Inasmuch as there are solid reasons for taking advantage of “Conditional Fee Agreements” – where your solicitor waives his or her legal fees if they fail to win your “No Win, No Fee” claim for compensation – many people are unaware of the full implications of making a “No Win, No Fee” compensation claim and what it might cost them — win or lose.

“No Win, No Fee” Claims When You Win

Should your “No Win, No Fee” claim be successful, your solicitor will collect their legal fees from the defendant´s insurance company, along with any expenses he or she has incurred in the preparation of your claim and their “Success Fee”. Solicitors are permitted to add a success fee to the legal costs associated with your “No Win, No Fee” claim as a premium for taking your case with no guarantee of payment; and, in theory, you should still receive your full entitlement of injury compensation.

However, should the combined total of your solicitor´s legal fees, expenses and success fee be considered by a judge to be disproportionate to the award of compensation, you may be liable for any shortfall and this will be deducted from your compensation settlement. Other occasions when you may not receive 100 percent of your compensation award are when you have been receiving State benefits while your claim is being processed or if you previously rejected an offer of settlement which was of higher value than awarded by a court.

“No Win, No Fee” Claims When You Lose

Should you lose your “No Win, No Fee” claim, although your solicitor´s legal fees will be waived, you may have to cover the cost of their expenses and will be liable for the defendant´s legal costs. This could be very expensive if your claim has been protracted and involved court action and, because of the potential exposure to a substantial financial liability, “No Win, No Fee” claims solicitors recommend that you protect yourself from this scenario by taking out an insurance policy.

According to the Department of Justice, almost 60 percent of the UK population have legal fees insurance coverage on existing household contents or car insurance policies, or as a benefit attached to certain credit cards and membership of motoring organisations. However, conditions — such as a limit on the legal fees available – are normally imposed by the insurance companies providing this “Before the Event” insurance policy, and it is advised that you take out an “After the Event” insurance policy before proceeding with a “No Win, No Fee” claim for compensation.

“No Win, No Fee” Claims and After the Event Insurance

After the Event insurance is essential when making “No Win, No Fee” claims, as it provides peace of mind – win or lose — that you will not be exposed to a potential financial liability. The premium or cost of an After the Event insurance policy can often be deferred until the result of your claim is known, at which point — should you win your “No Win, No Fee” claim — the premium for the policy is added onto the defendant´s legal costs; while if you lose your “No Win, No Fee” claim, the cost of the policy is paid by the policy itself.

After the Event insurance can also cover any shortfall between your solicitor´s combined legal fees and those which is are considered to be appropriate by a judge, however terms and conditions also apply to this type of insurance which may see you forfeit the benefits if you refuse to settle out of court when your solicitor advises you to, or you change solicitors mid-way in your “No Win, No Fee” claim and your original solicitor still demands a success fee on top of his regular legal fees. You are unlikely to qualify for After the Event insurance if your solicitor declines to take your case on a “No Win, No Fee” agreement.

“No Win, No Fee” Claims Solicitors

“No Win, No Fee” claims solicitors have the ultimate say on whether they will take your case on a conditional fee agreement and, as a rule, if your claim for compensation is 75 percent or more likely to be successful you will usually be offered “No Win, No Fee” legal representation. However, pursuing a claim for compensation under a “No Win, No Fee” agreement is no guarantee of success in the same way as a solicitor´s refusal to offer you “No Win, No Fee” legal representation is not an indication that you have a weak case.

Each personal injury claim is accepted or declined on its own merits after a thorough assessment of your claim has been made. Factors such as the cost of preparing a “No Win, No Fee” claim, or whether alternative funding solutions would be more appropriate in your personal circumstances, will be taken into account along with the potential value of your “No Win, No Fee” compensation settlement. The decision regarding your “No Win, No Fee” claim for compensation might also be influenced by proposed changes to the way in which “No Win, No Fee” compensation claims are handled.

Forthcoming Changes to “No Win, No Fee” Claims

“No Win, No Fee” claims for compensation were first offered by solicitors in 1995 after the Government announced it was withdrawing access to Legal Aid for many types of personal injury claim. The Government plans to restrict access to Legal Aid further in the Legal Aid, Sentencing and Punishment of Offenders Bill 2012 and intends introducing changes to the way that “No Win, No Fee” compensation claims are handled. Consequently, if you have sustained an injury in an accident for which you were not to blame, and would like accurate and up-to-date advice about making “No Win, No Fee” claims for compensation, you are advised to seek professional legal advice at the earliest possible opportunity.

Free Advice for “No Win, No Fee” Claims

Our Injury Claims Service offers free, impartial legal advice without obligation to anybody who has sustained an injury in an accident for which they were not to blame. By calling freephone or completing one of the call-back request forms at the side of the page, you will be able to discuss the circumstances of your accident with an experienced “No Win, No Fee” claims solicitor who will answer any questions you may have about making “No Win, No Fee” claims for compensation.

Our lines are open twenty-four hours a day, seven days a week, and all discussions between our solicitors and yourself are completely confidential. Whether you would like to establish if you have a claim for personal injury compensation which is worth your while to pursue, require an indication of how much accident compensation you may be entitled to receive or need to know what procedures should be followed to qualify for “No Win, No Fee” compensation claims, call Bigger Injury Claims today on freephone .

Some common injuries: broken femurs, broken coccyx, broken shin bones, broken wrists, broken nose injuries

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