Last Updated June 2023. 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?
- No Win No Fee Solicitors For Injury Claims
- What Changes Were Made To No Win No Fee Agreements In 2012?
- What Does No Win No Fee Mean?
- Calculating Compensation Awarded In No Win No Fee Claims
- How Our Panel Of No Win No Fee Injury Lawyers Could Help You
- Essential Resources
So, how does No Win No Fee work?
No Win No Fee agreements, such as a Conditional Fee Agreement (sometimes shortened to CFA), can be beneficial to claimants if they are concerned about the costs of hiring a solicitor. There are many questions commonly asked about this type of agreement such as:
- What does No Win No Fee actually mean?
- What makes a solicitor a No Win No Fee solicitor?
- Does No Win No Fee work?
The meaning of a No Win No Fee agreement is that if your claim succeeds, you only pay your personal injury solicitor a success fee. If you are unsuccessful, you will not be obligated to pay your solicitor for their work.
A No Win No Fee solicitor is a term that can describe any solicitor who will take a compensation case on a No Win No Fee basis.
If you are working with a No Win No Fee solicitor, the success fee you pay is legally capped and taken directly from your paid compensation.
A further benefit of No Win No Fee agreements is that you will not be asked to make a payment for any solicitor fees upfront or while your case is ongoing. No Win No Fee agreements can be applied to personal injury claims regardless of the type. So, whether you’re looking to claim for something like a road accident or an injury at work, a No Win No Fee option could be offered if your claim is valid.
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.
Are No Win No Fee solicitors any good?
The quality of a solicitor has nothing to do with whether they offer to take your case on a No Win No Fee basis. Ultimately, it’s defined by the quality of their work. Our panel of solicitors have years of experience and are specialised, meaning that you’ll always get a solicitor who is an expert in the type of claim you want to make.
To learn more about our services, please read on or contact us using the above details.
As solicitors aren’t needed to claim, you may wonder what the advantages are of having solicitors for injury claims. As stated above, in order to have a valid personal injury claim, your suffering must have been caused by a breach in a duty of care owed to you. Solicitors can help claimants gather the evidence required to support a claim.
However, you may be concerned about hiring legal support that requires payment upfront. That’s where No Win No Fee solicitors for injury claims could help. If you work with a solicitor that offers a type of No Win No Fee, then the compensation you receive will have a success fee deducted in the event of a successful claim, but you won’t usually be charged upfront or during your claim.
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.
This section will answer questions, such as “how does No Win No Fee work?”.
If you were to hire a solicitor through the normal method, you would need to pay them upfront and throughout the claim for any of their legal costs.
However, if your solicitor offers you a funding agreement that is No Win No Fee, you wouldn’t do this. You would only pay for the legal fees of your solicitor if your claim was successful. If it is, they will take a success fee (that is legally capped) out of your compensation to cover their legal fees.
Regardless of whether you win or lose, you may also have to pay for After the Event insurance. This covers you for the costs of the other side’s legal fees in the event that your claim is unsuccessful.
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. The below values have been taken from the 2022 guidelines, the latest available.
Injury Severity Nature of Incident Possible compensation
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. £15,320 to £43,060
Injury to the Back (b) Moderate (i) Can involve a crush or fracturing of a disc as well as irritation of the nerve root. £27,760 to £38,780
Injury to the Neck (b) Moderate (i) Can involve chronic conditions that affect other parts of the body as well as soft tissue damage. £24,990 to £38,490
Injury to the Elbow (b) Less Severe Injuries Can involve injuries that will impair but should not present serious disability. £15,650 to £32,010
Injury to the Ankle (c) Moderate Can involve fractures as well as tears to the ligaments surrounding the ankle. £13,740 to £26,590
Injury to the Hand (h) Moderate Hand Injury Can involve crush injuries, deep lacerations and soft tissue damage. £5,720 to £13,280
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.
Our panel of No Win No Fee solicitors offer:
- Expertise – Having helped countless clients with a wide range of claims, such as accidents at work and road traffic accidents.
- Experience – Our panel of specialist solicitors share years of experience in helping clients get personal injury compensation
- Knowledge – A personal injury claim solicitor from our panel will be equipped with plenty of knowledge that can be used to ensure all bases of your claim are covered.
If you would like to be connected with an expert solicitor that could offer you a Conditional Fee Agreement, get in touch and our advisors can arrange a free consultation.
To find out more about how a No Win No Fee lawyer could benefit you, get in touch with us today:
- Calling us on 0800 408 7825
- Making use of the live chat function, which can be seen at the bottom of this page
- Contacting us directly through this website
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
- Public Highway Accident Claims Guide
- How Amputation Claims Solicitors Could Help You
- What Are The Biggest Payouts For A Forklift Injury Claim?
- How To Claim Orthopaedic Injury Compensation
Article by EC