No Win No Fee - Personal Injury Claims
A no win no fee compensation claim means just what it says: if we don't win your personal injury claim we won't ask you to pay for our work.
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It is a common method of funding a personal injury claim where no legal fees need to be paid until your case is won and compensation is received.
How do No Win No Fee Accident Claims Work?
When you enter into a Conditional Fee Agreement with us, as long as you comply with the terms and conditions of the agreement (which you will readily be able to do), the agreement will protect you from financial risk in the event you lose your claim.
What if I lose my claim under a No Win No Fee agreement?
You will not have to pay for our legal work.
What if I win my claim under a No Win No Fee agreement?
You will be awarded compensation from the opponent and we will charge a success fee for the work we've undertaken on your claim.
Previously this success fee would have been paid by the opponent, however since April 2013 a change in the law means this is no longer possible and is therefore now payable by you.
The success fee is a percentage of the billable work we've undertaken on your claim and is paid via a deduction from the compensation you are awarded at the conclusion of your claim. While the amount can vary depending on the complexity of your claim, the amount we deduct can never be more than 25% of the compensation (damages) you receive for pain, suffering, loss of amenity and past losses.
What about opponent's costs and other expenses?
If suitable legal expense insurance is not in place you may be at risk of having to pay your opponent's costs and any expenses incurred on your behalf, such as court fees, expert reports etc. Insurance is available to protect you against such risks and the cost of this insurance must be paid at the conclusion of the claim if successful. This payment, as with the success fee is deducted from the compensation you receive.
What is a Success Fee?
If applicable, when we win your claim then a success fee for winning is deducted from your final compensation amount. The success fee is largely based upon the risk of the claim (the likelihood of it being won) for example a claim with little risk would attract a smaller fee than a claim with larger risks, however we will deduct no more than 25% of your compensation award for the success fee.
Why do I have to pay a Success Fee?
A first class personal injury service requires the involvement of various experts and evidence gathering, all handled by a highly experienced team of litigators and solicitors. Delivering this comprehensive legal service comes at a cost, so the financial risk of pursing a no win no fee personal injury claim can be high.
Therefore in all types of claim we carry out a risk assessment and the relevant Success Fee reflects the risks associated with pursuing your claim type. The risks to any claim include factors such as:-
- When you first instruct us, all available evidence has not yet been seen
- Evidence may not support your claim
- Expert reports (such as medical records) may be required and there is a risk that expert opinion may not support your claim
- The future risk of failing to beat an offer made by the opponent at court
- The court may prefer the evidence of your opponent
No Win No Fee Explained
What is a Conditional Fee Agreement (CFA)?
A CFA is the technical term given to a no win no fee agreement. Therefore, a no win no fee claim and a conditional fee agreement essentially mean the same thing.
What is After the Event Insurance (ATE)?
ATE insurance is what you would usually take out when making a No Win No Fee claim. It will pay your opponents fees in case you lose your case. The insurance policy covers the cost of the insurance premium, which means if you lose your case you will still not need to pay for anything.
No Win No Fee Lawyers
While every personal injury claim is unique, our UK-based team of no win no fee solicitors will explain the funding arrangement we intend to use from the outset, giving complete clarity. If anything changes during the course of your claim we'll tell you straight away and give you clear options on how to proceed.
Our clients are at the centre of everything we do. This not only includes delivering a comprehensive compensation claim but also ensuring we minimise the risks involved with the legal process.
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Why Choose Spencers Solicitors?
At Spencers Solicitors, we are fearlessly committed to our clients and ensuring that their best interests are central to everything we do.
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