Our No Win No Fee Solicitors are here to help you with all your personal injury claims requirements. We have solicitors all over the UK ready and waiting to get you the compensation you should be entitled to. We have put this handy guide to answer some common questions potential claimants have about the no win no fee service and what it means for them. However the best way is to simply pick up the phone or fill out your details on our form and let one of our lawyers talk you through everything and put your mind at rest whilst we do all the paperwork.
Can I claim on a no win no fee basis?
Yes, absolutely. Our no win no fee legal service removes the financial risk for those who wish to claim compensation for their injuries.
Sometimes referred to as the conditional fee agreement, the no win no fee process has enabled thousands of people in the UK to receive personal injury compensation without having to risk their life savings in the process. Civil litigation in England and Wales did not always benefit from this legal feature, however. It is perhaps fair to suggest that before the conditional fee agreement was introduced, many people who had been injured as a result of somebody else’s negligence could not afford to seek justice in court.
The law is quite different today. Our no win no fee solicitors can help you through the claims process at no financial risk whatsoever. Our costs are covered by after-the-event (ATE) insurance, so in the unlikely event that your claim is not settled successfully, you will not be required to pay legal fees. If you win, our costs are recovered the compensation award up to a fixed and pre agreed percentage.
Can I keep 100% of my compensation?
You can keep all of the compensation awarded minus solicitors fee’s but don’t worry, those fee’s are capped so you will receive a minimum 75% of any compensation awarded. Your solicitor will make all this crystal clear to you before you sign any paperwork. The process of claiming compensation may involve going to court or settling early with the defendant, but assuming your claim is successful you will at some point receive damages.
How much compensation you receive depends on many factors. The severity of your injury is obviously critical in this respect, but various other factors, such as time spent off work, changes to living arrangements etc., are also considered. Sometimes a lower fee might be agreed with the defendant’s insurers so that you can avoid the hassle and delay of going to court.
You used to be able to keep 100% of any compensation but the Government changed the law to the harm of claimants so that your solicitors fee’s come out of compensation you are awarded. It is not really fair that claimants should suffer financially but that is the new Government system.
How long until I get my compensation?
No two accident claims are exactly the same. Each case turns on its facts. This simply means that a person who suffers whiplash in a car accident might receive their compensation far sooner than another person who was injured in the same way on the same day. There are too many factors to consider to accurately predict how long you might have to wait to receive compensation.
Insurance companies representing defendants have a habit of delaying litigation for as long as possible. Some do this to frustrate claimants, hoping that many simply give up. Sometimes this tactic works. Sometimes delays are unavoidable. Documents (statements, medical reports and so on) are routinely passed between solicitors and insurers and this process can be inherently time-consuming. Sometimes the defendant might contest liability, forcing a case to go to court.
Even when compensation has been awarded, the claimant can expect to wait some time before receiving the money owed to them. One area of the law that has recently undergone change is that which pertains to low-cost road traffic accidents, which can be settled and processed within strict time limits via the UK Government’s fast-track scheme.
Do I have to go to court?
Not necessarily. Many accident claims are settled out of court to save time and money. If the defendant contests liability or the amount of compensation sought by the claimant, a claim is likely to end up in court. Negotiation is of critical importance in this respect, because maintaining a constructive dialogue between the claimant’s solicitors and defendant’s representatives can ensure a fair and timely settlement. Sometimes going to court is unavoidable, but in many cases the defendant’s insurer can be persuaded to settle early.
Will I need a medical?
Quite possibly, yes. It is important that you seek medical treatment after an accident. The diagnosis made by a GP or hospital doctor can be used as evidence of an injury, but we may request further proof in some cases. Each case turns on its facts and the claims process is not always exactly the same for each client, so we may not always require additional medical evidence. In most cases, however, it is prudent for us to obtain a report from a third-party medical expert.
What happens if you don’t think I have a case?
Our lawyers understand which cases are likely to succeed and which are likely to fail. We understand what it takes to establish negligence in court. If you have been injured or made ill as a result of somebody else’s negligence, you should contact our personal injury solicitors for further guidance. If we suggest that you do not have sufficient grounds to claim compensation, it is unlikely that another law firm will be able to help. It is also unlikely that your case would be settled successfully if you were able to represent yourself in court. Few legal outcomes are certain, but the majority of accident claims can be predicted with a reasonable degree of accuracy.
Will people know if I’m making a claim?
Possibly. If a case progresses to court, details of your claim, unless protected by an anonymity order (highly irregular in the circumstances) will be made available for public consumption. The transparency of the judiciary is one of the fundamental principles that underpins the legal system of England and Wales, but sometimes the identity of an individual can be protected. It is also true that an early settlement can preclude publication of personal details, which is another reason why claimants sometimes settle for less in order to avoid dragging a case through court.