No Win, No Fee Personal Injury Claims

Key points to consider when making a no win, no fee claim with a solicitor

  • No win, no fee allows you to claim compensation with no financial risk, no upfront fees, and nothing to pay if your claim is unsuccessful.
  • You only pay legal fees if you win your claim, so you can seek compensation without financial worries.
  • No win, no fee is the most common way to fund a claim, but in some cases there are other options.
  • While no win, no fee is the most common way to fund a claim, other options may be available in some cases.
  • You have up to 3 years from the date of your injury to start your claim.
  • Call 0800 376 1001 to check if you have a no win, no fee claim in minutes.

What is no win, no fee?

If you’ve been injured in an accident that wasn’t your fault, you can pursue a compensation claim through a no win, no fee agreement, also known as a Conditional Fee Agreement (CFA).

With a no win, no fee agreement, you benefit from:

  • No financial risk
  • No upfront legal fees
  • No legal fees if your claim is unsuccessful
  • A success fee only payable if you win

At Quittance, we guarantee 100% transparency on legal fees. You’ll have the opportunity to discuss and agree on the details of your no win, no fee agreement with your solicitor before starting your claim.

What personal injury claims can you make with a no win no fee agreement?

You can make a no win, no fee claim regardless of your injuries or where they occurred. For more on specific claim types, see:

How does a no win, no fee agreement work?

When making a claim through Quittance, we guarantee 100% legal fee transparency. You will able to discuss and agree the details of your no win, no fee agreement with your solicitor, before starting your claim. You will have no legal fees to pay if your claim is unsuccessful.

What happens if I win my case?

If you win your claim, your solicitor will typically receive a percentage of your compensation as a 'success fee,' capped at 25%. You can discuss this with your solicitor before signing any agreement.

The defendant usually covers your legal fees and expenses, but any shortfall may be deducted from your settlement.

A key part of all no win, no fee claims (regardless of which solicitor you choose) is an insurance policy called after the event (ATE) insurance, taken out at the start of the claim. This policy makes the process financially risk-free.

Costs incurred, including the defendant's legal fees, may be covered by the ATE policy. You only pay for the policy if you win, and its cost is deducted from your compensation.

So I will lose 25% of my compensation if I win?

Not exactly.

The 25% success fee is deducted from the compensation award or settlement. However, if you make a claim on a no win no fee basis, your compensation total is increased by 10% to offset the impact of the success fee deduction. The 10% increase was introduced by the courts after changes to the law in 2013.

Why do most injury solicitors charge 25% success fees?

The Ministry of Justice imposes a maximum success fee cap of 25%.

Before 2013, success fees were paid by the defendant, along with the claimant's other legal costs. This meant that claimants kept all of their compensation.

It was not until the legislation was introduced in 2013 that the liability to pay success fees moved from the defendant to the claimant. In most cases, other legal costs would still be paid by the defendant.

Many solicitors struggle to make a profitable business out of personal injury. To be successful, a firm must have a high case success rate and a very efficient business overall. 25% success fees are charged by most law firms in order to make a viable business.

However, general damages compensation awards are increased by 10% for no win, no fee claimants. This 10% uplift was introduced at the recommendation of Lord Justice Jackson in order to offset the impact of the success fee deduction.

Can I negotiate a lower success fee with my solicitor?

In an ideal world, there would be no financial deductions from a claimant's compensation settlement. Typically claimants pay up to 25% of their compensation, but you will be able to discuss the success fee with your solicitor before you sign anything, at the start of your claim .

When is the success fee deducted?

The solicitors’ success fee will be deducted from your total compensation award, only after the final amount has been agreed and paid by the defendant. You will never have to pay any upfront fees and you will never be 'out of pocket'.

What happens if I lose my case?

If you don't win your claim, your solicitor will not charge you any legal fees and there will be nothing to pay, at all, to anyone else.

Are there any other ways to fund an injury claim?

No win, no fee is the most common way to fund a personal injury claim. Your solicitor will discuss all available funding options to find the best fit for your situation. Other options may include:

Legal expense insurance

Legal expense insurance, also known as "before the event" (BTE) insurance, is any policy already in place when an injury occurs. A common example is legal cover included with motor or home insurance policies.

Legal Aid

Legal aid has not been available for personal injury claims since the law changed in 2000 (sce. gov.uk). Legal aid was previously available for such claims, but changes to the funding system have excluded personal injury cases. Legal Aid gave way to Conditional Fee Agreements (CFA), to ensure that claimants could still access legal representation without upfront costs.

Self-funding

Financing your case with personal funds is an option, although we usually recommend funding your claim with a no win, no fee agreement. Every claim carries inherent risks, and a successful outcome doesn't always ensure your full reimbursement of your solicitor's legal fees and costs from the defendant. It is also worth mentioning that compensation awards for claims financed by a no win, no fee agreement are subject to a 10% uplift.

If you are still interested in privately funding your claim, we can discuss rates and projected costs once your claim has been evaluated.

Union funding

If you are a member of a union, you might have access to legal support for your claim. Some trade unions offer legal assistance as a membership benefit. This assistance can cover a range of issues, including personal injury claims. Speak to your union representative to find out if you are covered and to understand the extent of the legal support on offer.

Can I make a no win, no fee claim?

Most claims we handle are paid for with a no fee agreement.

To win a no win, no fee injury claim, usually three things need to be true:

  • Your injury happened within the last 3 years (longer if a child was injured)
  • Someone else caused it
  • That person had a responsibility to keep you safe

In some circumstances, there may be other conditions that need to be met to qualify for no win, no fee.

Call 0800 376 1001 for a quick no-obligation call with one of our legal advisors and find out if you have a no win, no fee claim in minutes.

How do I start a no win, no fee claim?

First, call a legal advisor on 0800 376 1001, who can typically assess your claim in minutes. Alternatively, you can schedule a callback at a convenient time.

The advisor will listen to what happened, answer your question and tell you if they think you have a claim.

If you decide to start a claim, you will be passed to a solicitor with the most suitable expertise to handle your case.

Your solicitor will then contact the defendant or their insurance company and start the negotiation on your behalf, with a view to getting you the maximum compensation award for your injury.

FAQs

Will I keep 100% of my compensation?

The majority of firms that offer no win, no fee do so on the basis that 100% of your legal fees are covered in the event that you lose. This means there will be nothing to pay under those circumstances.

A small number of firms market a 'keep 100% of your compensation' offer, stating that they do not charge the standard 25% success fee.

It is worth checking the small print for these offers, as there are often other fees (called disbursements) that are still deducted from the compensation. There could also be 'catches' that could mean additional fees are still due if certain conditions are not met.

It may also be the case that these firms will only take higher-value cases that are very likely to succeed.

Who actually pays my no win, no fee compensation?

If you win, the defendant is technically liable to pay your compensation. In practice, it is usually the defendant's insurance company who pays. For this reason, employees do not need to worry about 'damaging their employer's business'.

An employer is required by law to hold employers' liability insurance to cover the cost of any injury claims made against the company, either by staff or by members of the public.

Why are no win, no fee awards increased by 10%

The Jackson reforms and Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) brought major changes to no win, no fee claims.

The personal injury claims process in England and Wales changed in 2013.

Prior to 2013, Lord Justice Jackson reviewed civil litigation costs and access to justice. Lord Jackson's report made a number of recommendations, including changes to Conditional Fee Agreements (CFAs).

The reforms also suggested that a claimant would no longer be liable to pay the defendant's legal costs if the claim is not successful. This is referred to as 'Qualified One Way Shifting', or 'QOCS'.

LASPO was enacted in April 2013, after which date solicitors acting for injured claimants could no longer recover all of their legal costs from the defendant if they won. Specifically, success fees were no longer recoverable.

To offset the fact that success fees were now deducted from the claimant's compensation, LASPO also allowed for compensation for general damages to be increased by 10%.

Get expert advice now

Interested in talking to an injury specialist about your claim?

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Call 0800 376 1001

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Sources

The Conditional Fee Agreements Regulations 2000

parliament.uk

Thompson Reuters