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No win no fee claims

What is No Win No Fee Compensation?

“No win, no fee” compensation claims are exactly that:

compensation claims whereby if you (the Claimant) do not win your case then you do not have to pay any legal fees or other expenses, thereby taking the risk out of making a claim.

The law changed on 1st April 2013, however what remains is the concept of “no win, no fee”, although the changes are significant. From this date, the “success fee” which was the bonus to the solicitor for taking on a case which might fail without payment by his client, and which was previously payable by the losing Defendant, will have to be paid by the Claimant himself. The amount of that success fee is strictly limited in personal injury cases to a maximum of 25% of the sum recovered from the Defendants in compensation for the injury and the past, already incurred, financial losses only i.e. if awarded £10,000.00, of which £5,000.00 is for the injury, £3,000.00 is for the past losses, and £2,000.00 for the anticipated future losses, the maximum success fee is (25% of £5,000.00 + £3,000.00) £2,000.00. There is one specific instance in which a losing Claimant may have to pay costs however: if he/she makes a claim which is fraudulent or else one which clearly never had any merit at all.

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: –

  • 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.

Why not also visit our other sites for specific advice on cosmetic surgery negligence and medical negligence claims.