What Does No Win No Fee Mean?
Our free guide help victims understand what no win no fee means and how our solicitors can help you start your claim.
When you’ve suffered an accident or injury, the phrase ‘no win no fee’ seems to be everywhere, but it is important to understand exactly what this means. No win no fee (also known as a conditional fee arrangement or a success fee agreement) means that you do not pay your solicitor per hour that they work on your case.
Rather, we will work on your case at no charge, on the understanding that, if we are able to get you the compensation you deserve, we will be entitled to a percentage of the compensation awarded as payment. This means that we are taking all of the risk in your claim, as you will not have to pay anything if we are unable to win your case for you.
We believe that this risk-free, low stress way of making a personal injury claim is the best option for the vast majority of our clients. No win no fee means that you don’t need to worry about finding the money to pay for legal services before beginning your claim. As soon as you have signed a no win no fee agreement with us, we are able to act on your behalf and begin to progress your claim.
Legal fees can be expensive and, if left unchecked, could easily amount to more than the compensation awarded especially for the more complex cases. This is why our no win no fee agreements put a cap on our fees at a percentage of your compensation payment. This means that you will not pay a penny in legal fees if we are not able to obtain the compensation you deserve and also that, if we win, you know that you will get the large majority of the compensation that you are awarded. This peace of mind allows you to concentrate on getting better while we deal with the process of making your claim.
How Would I Go About Making A No Win No Fee Claim For My Accident Or Injury?
The first step in making a no win no fee personal injury compensation claim is to call us on 0121 565 4317 or claim online. We will then discuss the details of your case and find out whether we are able to offer our services on a no win no fee basis. If we are not able to offer this, we will discuss alternative funding methods to ensure that you are still able to get the help you need in a way that is affordable.
Once you have signed an agreement with us, we are able to act on your behalf. We will write to you’re the person at fault for your accident or injury informing them that you are making a personal injury compensation claim. We will ask them to accept that they were at fault and give them a deadline by which they will have to respond.
If this person or organisation does not accept liability, we will set about gathering evidence that your personal injury compensation was their fault. This could be through getting photos of any faulty equipment, obtaining witness statements or and in some cases by seeking written reports from industry experts or specialists. Once they have been presented with the collected evidence, most people or organisations will accept their liability. If not, we may need to go to court to obtain the compensation you deserve, but this is unusual.
Once the other party has accepted liability for your accident or injury, we will conduct negotiations on your behalf to agree the amount of compensation you will receive. Although we will deal with all of the correspondence and conversations, you are completely in control of this process. We will pass on all offers made by the other side, and give you an honest opinion based on our years of experience as to whether the offer is fair or not. Often, the other party will make a very low offer as their first offer, partly to see whether you will accept it and also to set your expectations lower than you might have been thinking. This is known as a lowball offer. It can be difficult to know how much compensation is fair and reasonable, but we will give you impartial advice throughout the negotiations. Although we are advising you, the final decision as to whether to accept an offer of compensation or not will always rest with you.
If the other party does not accept liability or if it is not possible to agree on an amount of compensation, you may need to go to court to put forward your case. This is very rare, but if you are unlucky enough to find yourself in that position, we will be with you throughout, offering advice, support and assistance.
No Win No Fee Claims
Almost all of our clients accept our services on a no win no fee basis. This is because it is the easiest and least risky way of accessing the legal help you need to make your personal injury compensation claim. There are a very few cases, such as medical negligence cases, where we are not able to offer a no win no fee agreement, but we would discuss this with you if you fall into this category and would offer alternative funding models to find something that worked for you.
In general, you will be able to make a no win no fee personal injury compensation claim if your accident or injury fulfils a number of criteria.
It occurred in a place or as a result of the actions of someone who had a responsibility to keep you safe. This is the case for almost all public spaces, such as offices, shops, public parks and also on the roads.
The accident or injury could have reasonably been predicted or foreseen. This doesn’t mean that the other person actually did predict that this could have happened. It is based on whether they should have predicted this. In some circumstances, there is an expectation that the other person should actually have put some effort into thinking about possible accidents. An example of this would be your employer if your accident happened at work.
The other person did not take sufficient action to prevent or mitigate your accident or injury. This means that you can still make a personal injury compensation claim, even if the other party took some action to improve safety. It comes down to an assessment of whether the actions they took were reasonable and sufficient.
How Much Compensation Am I Likely To Receive For My Accident Claim?
It is impossible to give an accurate estimate of the likely compensation payment for your personal injury compensation claim without knowing the full details of your case. This is why our expert team of no win no fee solicitors take the time to fully understand your unique situation. In more general terms, however, your compensation can be divided into two parts.
The first part of your compensation payment following a successful personal injury compensation claim is for the pain and suffering of the injury itself. This will usually be within guidelines published by the Judicial College (a national governing body). These guidelines give broad ranges for the amount of compensation due for different types of injury. The ranges are very broad in order to account for the highly individual nature of injuries and to ensure that the most appropriate sum will be awarded. Our team of no win no fee solicitors have years of experience interpreting these guidelines and will be able to give you a better idea of where on this scale your personal injury compensation is likely to fall.
This is only the first part of your compensation payment, however. The other aspect that must be taken into consideration is how much it will take to get your life back on track. The purpose of compensation is to help you get as close as possible to the situation you were in before your accident happened. For some injuries we recognise that this is impossible, but we want to get you as much of your life back as we can. This part of your claim would include any loss of earnings you may have had as a result of your accident or injury, the loss of future earnings, if you are unable to continue in your previous career as a result of your injuries and any modifications you may require to help you adapt to your new life. This could include providing you with alternative equipment to allow you to continue with as many of your previous activities as possible or adapting your home so that you are able to continue to live independently. In many cases, this part of the compensation award can far exceed the amount given for pain and suffering according to the Judicial College guidelines. Our years of experience mean that our expert no win no fee solicitors are able to highlight areas where you are making costly changes to your life that you deserve to be compensated for. This enables to make sure that you receive the full compensation you deserve.
If you have any questions about how to make a no win no fee personal injury compensation claim, or if you would like to begin the process, call us on 0121 565 4317 or claim online to arrange your free, no obligation consultation.