Did you ever see a television advertisement for a legal service and wonder “How does No Win No Fee work?” Or maybe you were just curious. We can help.
This guide will explain No Win No Fee in simple terms to help you better understand the agreement. For free legal advice or more information on No Win No Fee, you can reach out to our advisors.
What is No Win, No Fee?
No Win No Fee agreements, also known legally as Conditional Fee Agreements (or “CFA”) are formally and legally called a Conditional Fee Agreement. It is possible to wonder, “Does No Win No Fee Work?” and “How?”
No Win No Fee agreements mean that the amount you pay for personal injury lawyers’ services is determined by their success. For example, if you fail to win, your no win no fee solicitor Bristol will not charge you fees.
A No Win No Charge solicitor is one who will accept a case for compensation on a No Win No fee basis.
If your claim is accepted, however, the fee that you pay will be legally limited to 25% of the compensation.
No win no fee agreements are appealing because you won’t be required to pay any fees for your solicitor fees either upfront or during the course of your case. If you’re confident in your case but are concerned about legal fees, this is an option. CFAs aim to eliminate that concern.
Care and Duty
Personal injury cases are centered around determining who had a duty to care. Anybody who has control over a space or property is liable to reasonable protect visitors’ health and safety.
Employers, local councils, and private property owners will all be subject to a duty. The Health and Safety at Work etc. outlines the duty of care that employers have. Act 1974 (HASAWA). 1957 Occupiers’ liability Act provides for the duty to care for places that are accessible to the public.
These acts emphasize that employers and ‘occupiers must ensure your safety and health by providing training and reducing hazards in the workplace. Employers must provide personal protective equipment (PPE), if necessary, and well-ventilated and lit spaces for employees to work in.
Employees and visitors who do not comply could suffer injuries to their necks, backs, ankles, or other parts of their bodies.
A breach is when someone breaches a duty to care. You may be eligible for compensation if the breach directly causes injury.
You should also remember that you are not responsible for the injury. You might not be eligible for a claim if an injury occurs because you used a defective machine that you were not allowed to use. You can still make a claim even if you are only partially responsible.
Talk to a personal injury lawyer today to learn more about No Win No Fee.
Why were there no win-no-fee agreements?
No Win No Fee’s history can be traced back to the 1990s. The Courts and Legal Services Act 1990 included section 58, which codified the Conditional Fee Agreement. This specific stated that a person could sign a No Win No Fee agreement, and only need to pay money for the fees of a solicitor “in specified circumstances”. This includes a successful claim.
You may not have had the option of paying your solicitor’s fees out-of-pocket before this legislation was passed.
Conditional Fee Agreements are generally designed to allow claimants to receive any compensation (with representation from a solicitor) they may be entitled without having to fork out money they don’t have.
A No Win No Fee Agreement is intended to provide affordable access to legal counsel. Talk to a personal injury lawyer for more information about No Win No Fee.
What were the changes made to No Win No Fee Agreements in 2012?
No Win No Fee Agreements were not the same as they are now.
1999 saw the introduction of the Access to Justice Act 1999. Insurers could charge success fees of up to $2,500 to anyone who loses a claim under section 27. This was later amended by two pieces of legislation. These were adopted in 2012 and 2013.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 amended the 1999 Act to change who was paid success fees. This changed from the losing party to the winning party, which now pays success fees.
This was further modified by the Conditional Fee Agreements Order 2013, which caps success fees at 25%.
In certain circumstances, our panel of solicitors may offer to pay a lower fee.
Contact our advisors to learn more about No Win No Fee claims for injuries at work, on private property, or in local council spaces.
Is there anything you have to pay if your claim is denied?
You will not be required to pay any fees if you lose your case. Since 1990, this has been incorporated into law.
In the event of a defeat, the winning party can recover some fees from you. Although they are not required to do so, this option is always available. Most solicitors will require you to have After The Event (ATE), insurance.
This insurance covers you if you are asked by the other side to pay for their legal fees in an unsuccessful case.
You are not legally required to hire a personal injury lawyer. You cannot sign a No Win No Fee agreement on your own. This means that you could lose and still need to pay some legal fees.
Are You Required to Pay Anything If You Win Your Claim
If you win, your solicitor will charge you a success fee. Legally, this fee is limited to a quarter of the amount of your compensation. However, some solicitors may take a lower cut in specific circumstances.
You may need to purchase After The Event insurance, regardless of whether you win or lose. This type of insurance covers the cost and will pay for the fees of the other side in the event that a claim is denied.
Calculating the Compensation Given In No Win, No Fee Claims
You may have asked, “How does No Win No Fee work?”. Then, you might ask, “How much can I get in compensation for my injuries?”. We have prepared a list of estimates that are based on the Judicial College Guidelines. These guidelines are used by legal professionals to value injuries.
These guidelines are not meant to be a complete guide. Your injury may not be listed. Our advisors can provide the best information for your case. Our advisors can provide free legal advice and can connect you to a solicitor on our panel.
This table shows what we call general damages. General damages are any injury, mental, physical, or emotional, that is diagnosed by a doctor, and which was caused by an incident or accident.
In that they compensate you for any monetary loss that may have occurred as a result your injuries, special damages are different. This includes lost wages and any money you spend on treatments not covered by the NHS.
Get in touch with us to find out how we can help you.
If you’re interested in filing a personal injury claim, a No Win No Fee agreement could be a good option. Get in touch with one of our advisors to find out if you are eligible for a claim.
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