Have you ever seen a legal advertisement on television and thought to yourself, “How does No Win No Fee work?” Perhaps you have been simply curious, or you may have sustained an injury that wasn’t your fault? We can help.
The following guide will lay out No Win No Fee in general terms so you can better understand what the agreement means. You can contact our advisors for free legal advice and more information about No Win No Fee. If you have a solid claim, they can connect you to a solicitor from our panel.
To find out more, you can:
- Call us on 0800 408 7825
- Make use of the live chat functionality which can be seen at the bottom of this page
- Contact us directly through this website
Select A Section
- How Does No Win No Fee Work?
- Why Were No Win No Fee Agreements Created?
- What Changes Were Made To No Win No Fee Agreements In 2012?
- Do You Have To Pay Anything If You Lose Your Claim?
- Do You Have To Pay Anything If You Win Your Claim?
- Calculating Compensation Awarded In No Win No Fee Claims
- Contact Us To Check How Does No Win No Fee Work
- Essential Resources
No Win No Fee agreements are legally and formally known as a Conditional Fee Agreement, “CFA” for short. You may wonder, “Does No Win No Fee work?” and ‘How?’
A No Win No Fee agreement means that the money you pay for a personal injury solicitor’s services is based on their success. If you are unsuccessful, you will not be obligated to pay your solicitor’s fees, for example.
A No Win No Fee solicitor is a solicitor who will take a compensation case on a No Win No Fee basis.
However, if your claim is accepted, the fee you pay is legally capped and will only make up to a maximum of 25% of the compensation.
No Win No Fee agreements are attractive as you will not be asked to pay any money for solicitor fees upfront or while your case is ongoing. This is a good option if you are confident in your claim but may be concerned about legal fees. A CFA aims to remove that worry.
Duty of Care
The heart of most personal injury claims is working out who had a duty of care. Anyone who controls a space or property has a duty of care to reasonably protect the health and safety of visitors and anybody else there.
Parties such as employers, local councils and private property controllers will have a duty of care. The duty of care employers have is laid out in the Health and Safety at Work etc. Act 1974 (HASAWA). The Occupiers’ Liability Act 1957 provides the duty of care for those that control places accessible to the public.
These acts underline that employers and ‘occupiers’ must ensure they protect your health and safety by, for example, reducing hazards in the space that’s accessible to you or providing adequate training in the workplace. Employers should also provide personal protective equipment (PPE) if it’s necessary as well as well-lit and well-ventilated spaces to work within.
If somebody has a duty of care and they do not live up to this duty of care, that is considered a breach. In the event this breach directly results in an injury, you could be entitled to compensation.
However, you must note that the accident causing the injury must not be your fault. If an injury happens because you use a faulty machine you were specifically asked not to use, for example, you might not be eligible to claim. However, if you’re only partially liable, you could still claim.
To find out more about how No Win No Fee can work, speak to a personal injury solicitor today.
The history of No Win No Fee can be seen as far back as the 1990s. The Conditional Fee Agreement was codified into law with the Courts and Legal Services Act 1990, specifically section 58. This specifically stated that a person could enter into a No Win No Fee agreement and only have to pay money for the solicitor fees “in specified circumstances”. These circumstances include a successful claim.
Before this legislation was introduced, you may have only had the option to pay your solicitor’s fees out of pocket if the claim didn’t win.
In general, Conditional Fee Agreements were introduced to help claimants get any compensation (with the representation of a solicitor) that they may be entitled to without having to pay money they can’t afford.
Ultimately, a No Win No Fee agreement is designed to give the public affordable access to legal representation. If you would like more information on No Win No Fee, speak to a personal injury solicitor.
Prior to 2012, No Win No Fee agreements were different from how they are described here.
In 1999, the Access to Justice Act 1999 was introduced. Section 27 of this act allowed success fees to be charged to whoever lost in their claim, payable by insurers. However, this was later amended in two pieces of legislation. These followed in 2012 and 2013.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 reformed the 1999 Act by changing who paid success fees. This was changed from the losing party back to the winning party paying success fees.
The Conditional Fee Agreements Order 2013 reformed this even further by capping the success fee at 25%.
Our panel of solicitors, in circumstances, may offer to take a lower fee.
If you would like to know more about No Win No Fee claims regarding injuries at work, in local council space, or on private property, contact our advisors today.
If you lose your claim, you will not have to pay your solicitor’s fees. This has been codified into law since 1990.
However, in the event of a loss, the winning party has the right to recover certain fees from you. They are not always obligated to, but this option is always there. That’s why most solicitors require you to take out After The Event (ATE) insurance.
This insurance means that if the other side does ask you to cover any of their legal costs in an unsuccessful claim, it would be paid out of the insurance.
Please note that you are not legally obligated to use the services of a personal injury solicitor. However, you cannot enter a No Win No Fee agreement by yourself, meaning that if you lose, you may still have to pay certain legal costs.
In the event of a win, you will pay a success fee to your solicitor. This is legally capped at a maximum of a quarter of your compensation amount, but some solicitors may choose to take a lower cut in certain circumstances.
Win or lose, you may have to pay for After The Event insurance. However, those who take out this kind of insurance will not have to pay the other side’s fees in the event of a failed claim as this will cover the cost.
After asking, “How does No Win No Fee work?”, your next question may be, “How much might I be able to receive in compensation for my injury?” We have provided a list of estimates based on figures in the Judicial College Guidelines. Legal professionals use these guidelines to help them value injuries.
Injury Severity Nature of Incident Possible compensation
Injury to the Neck (b) Moderate (i) Can involve chronic conditions that affect other parts of the body as well as soft tissue damage. £23,460 - £36,120
Injury to the Back (b) Moderate (i) Can involve a crush or fracturing of a disc as well as irritation of the nerve root. £26,050 - £36,390
Injury to the Elbow (b) Less Severe Injuries Can involve injuries that will impair but should not present serious disability. £14,690 - £30,050
Injury to the Ankle (c) Moderate Can involve fractures as well as tears to the ligaments surrounding the ankle. £12,900 - £24,950
Injury to the Brain (d) Less Severe Brain Damage Can involve injuries that may cause changes in mood as well as persistent memory problems, but those who sustain these injuries can and do lead a normal life. £14,380 - £40,410
Injury to the Hand (h) Moderate Hand Injury Can involve crush injuries, deep lacerations and soft tissue damage. £5,260 - £12,460
While these guidelines can provide a good start for how much compensation you could be offered, they are still just a guide. You may also not see your injury listed above. For the most relevant information to your case, why not speak to our advisors? They can offer free legal advice, and can also connect you with a solicitor from our panel.
The above table depicts what is known as general damages. This term refers to any injury (be it mental, physical, or emotional) that has been diagnosed by a doctor and was caused by an accident or incident.
Special damages differ in that they cover monetary losses you may have sustained as a result of your injuries. This can include lost wages as well as any money spent on therapies not covered by the NHS.
No Win No Fee agreements could prove advantageous if you are interested in pursuing a claim with a personal injury solicitor. To find out more, why not get in touch with our advisors now to see if you could be eligible to claim? You can do so by:
- Calling us on 0800 408 7825
- Making use of the live chat functionality which can be seen at the bottom of this page
- Contacting us directly through this website
Don’t be confused. See if No Win No Fee will work for you today.
Neck pain: An NHS guide
Back pain: An NHS guide
Compensation after an accident or injury: A UK Government guide
We also have some other guides you may find useful:
- Public accident claims hot spots
- Council slip and trip accidents
- Public transport accidents
- How to make a public liability claim
- Making a claim against the council
- Claiming for a pothole injury
- Making a claim against a shop
- Accidents in a public park
- Cycling accident claims
- Claiming for injuries suffered while shopping
Article by EC