If you sustain a personal injury through no fault of yours, you may be entitled to file a claim for compensation for which you will need to hire a solicitor. However, the thought of pursuing a claim in court may seem overwhelming to you, especially when you are recovering from an injury.
The high cost of legal help can often turn out to be the most compelling deterrent, more so if your injuries have rendered you unable to work. This does not mean that you should have to forfeit the compensation due to you just because you cannot afford to hire a solicitor. Instead, you can take advantage of the No Win No Fee clause and still go ahead and press charges for compensation.
No Win No Fee accident claims were introduced as a way of funding personal injury claims where no legal fees need to be paid to the solicitor until the case is won and compensation is received. A No Win No Fee agreement is basically an arrangement between you and your personal injury solicitor wherein both of you agree that if your claim for compensation is not successful, the solicitor will not get paid for the work they have done.
This type of personal injury accident claim poses a minimum financial risk to potential claimants as you will not be charged with any legal fees if you do not receive the compensation you had hoped for.
Salient Features Of A No Win No Fee Accident Claim
- In this type of claim, you do not need to cover any costs to start your claim. There are no upfront fees involved.
- If your claim is successful, the solicitors recover their fees partly from the other party’s insurance company and partly from an agreed upon percentage of the compensation you receive.
- If your claim is not successful, you do not have to pay your solicitor a penny.
How Does No Win No Fee Work?
If you’ve decided to pursue a No Win No Fee accident claim for compensation, any personal injury solicitor you go to will first want to hear all the details of the incident. They will then do a thorough evaluation of your situation and give you a realistic assessment of whether or not they believe you have grounds for a successful compensation claim.
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If you don’t, your solicitor will tell you this upfront and will dissuade you from going ahead with your claim. In their own interest and yours as well, no solicitor will encourage you to pursue a claim that is doomed to fail.
On the other hand, if you have a strong case, they will be happy to take on your case after entering into a Conditional Fee Agreement with you. A Conditional Fee Agreement is an agreement that protects you from financial risk in the event you lose your claim. You can find out more about the Conditional Fee Agreement here. This is called a No Win No Fee agreement.
Once the solicitor decides to take on the case, they will deal with all of the relevant paperwork and legal formalities, making sure to update you at every step of the process. They will also represent you and present your claim to the court when the time comes.
In the case of a successful claim, a larger part of your legal costs will be recovered from the other party’s insurers. The smaller remainder will have to be paid from the compensation you receive. This amount will be limited to a percentage agreed upon between you and your solicitor and mentioned in the Conditional Fee Agreement that was signed at the outset.
If, for whatever reason, your claim is unsuccessful, you will not be expected to pay any fees at all to your solicitor. With the No Win No Fee agreement, you essentially have nothing to lose by way of legal fees.
The Fine Print
A No Win No Fee agreement does not mean you will not have any expenses at all when it comes to filing your claim. It only means that you do not have to pay the solicitor’s fees, which, while it may be a significant amount, is only part of the total expenses involved with filing a claim. Other costs that you will have to cover would be the court fees and other miscellaneous expenses such as hiring a medical or technical expert to give testimony in court.