Is there a penalty if i withdraw from my injury claim?

Depending on your chosen personal injury solicitor's terms and conditions, there may be financial penalties if you withdraw from an injury claim. Here's what you need to check.

No win, no fee

If you have been injured in an accident that was not your fault, you could be eligible to make a no win, no fee compensation claim.

No win, no fee means that you can make a personal injury compensation claim with:

• no financial risk or upfront legal fees
• no fees payable if your claim is not successful
• a success fee payable only if you win your claim

Read more:

No win, no fee injury claims explained

Why might I decide to withdraw my claim?

It would be unusual for a claimant to withdraw from a claim without or against their solicitor's advice.

Before taking on your claim, your solicitor will carry out a risk assessment to verify that there are good prospects (usually greater than 50%) of your claim being successful.

Once your claim is underway, the solicitor will collate as much evidence as possible to support your claim. Sometimes there are cases where there is insufficient evidence and the defendant denies liability. If your solicitor believes that a court would not ultimately rule in your favour, you may be advised to withdraw,

If your solicitor advises you to withdraw your claim, you would not normally incur any cost.

See also:

How often do injury claims go to court and what if they do?

What if I choose to withdraw against my solicitor's advice?

It may be that you have concerns about aspects of your claim and you are considering withdrawing. Making a personal injury claim can be stressful and emotional.

Some people find that the added stress of making a claim is too much when contending with an injury. It may that the circumstances involve making a claim against someone you know, such as your employer. The claim might even involve the injury or death of a loved one.

Before starting a claim, your solicitor will discuss the process with you. Any questions or concerns you have will be addressed and your solicitor will set your expectations for what the claim process will involve.

If having started a claim, you are thinking about withdrawing, you should speak to your solicitor and explain your concerns. More often than not, the solicitor will offer a professional perspective and help you resolve any issues or concerns.

If you still wish to drop your claim, in some circumstances solicitors may reserve the right to pass on any costs or claim disbursements incurred up to the point where the claim ceased.

Ultimately, it is your choice whether you continue with a claim.

Conditional Fee Agreements (CFA)

At the start of your claim, you will sign a Conditional Fee Agreement (CFA) - the technical term for no win, no fee. The CFA will set out the solicitor's terms and conditions including any cost implications, (if any) of withdrawing from a claim.

Your solicitor will take you through all of these terms and conditions and make sure you are happy with the agreement before you sign it.

Please call us for more information on making a no win no fee claim, or see:

Making a no win, no fee claim

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.