People who are injured through no fault of their own are usually able to make a claim for personal injury compensation and in the majority of cases it is important that the claimant ensures that they have the support and expertise of a solicitor. However, the cost of employing a solicitor could often be expensive prior to 1998.
Fortunately, the law was changed in 1998 to allow “no win no fee” agreements to be used in civil court action (with the exception of action in the family courts). This has widely increased access to good quality legal advice for people who may not have previously been able to afford it. No win no fee agreements apply to all types of claims, including Personal Injury Solicitor.
In relation to personal injury compensation, a Conditional Fee Agreement (CFA) is a fee for services that is only payable if you win your case. It is defined as "a fee charged for a lawyer's services only if the lawsuit is successful or is favourably settled out of court”. Sometimes CFAs are calculated as a percentage of the client's net recovery. In the case of our clients, it is not taken from the compensation awarded and is claimed back from the guilty party.
Often personal injury compensation cases involving a Conditional Fee Agreement are referred to as “no win no fee”. The usual form of this agreement is that the solicitor will take on a case on the understanding that if it is lost, nothing is payable by the claimant.
However if the case is won the solicitor will be entitled to his normal fee based on hourly billing, plus a success fee.
In the vast majority of cases, yes. This is because your solicitor will make sure that there is a strong chance of your case being successful. It isn't in our interest for your case to lose as in that case our costs will not be paid.
In normal circumstances you have 3 years from the date that the injury was sustained or identified to make a claim. In the case of children, a person has 3 years from the date they turn 18 to make a claim.
A CFA can only be entered into in relation to claims brought in England and Wales. We can still assist you if your claim has to be brought outside of England and Wales by way of a different type of no win no fee agreement, a contingency fee agreement. Under such an agreement in the event that your claim is successful, a percentage of the compensation recovered is deducted at the conclusion of the claim to cover the legal costs and expenses.
Our solicitors are personal injury experts who are committed to achieving the maximum amount of compensation for you.
Nothing is deducted from your compensation for no win no fee claims. You keep 100% of the compensation that you are awarded.
We offer a completely free of charge, no obligation and confidential assessment of your personal injury claim.
After our initial assessment of your claim we will arrange for a free discussion with a personal injury solicitor at a time that suits you.