No Win No Fee Explained
It was in 1995 that conditional fee agreements (CFAs), commonly known as “no win no fee agreements”, were first accepted for a wide range of legal cases. By 1998, no win no fee was accepted for all civil cases, with the exception of matters in family courts. We discuss this topic further, explaining no win no fee in further detail and answering some of the commonly asked questions surrounding it.
What is No Win No Fee?
No win no fee means that the party bringing the claim will not have to pay their solicitor’s fees upfront. If you do not win your case, you will not have to pay your solicitor for the work they have undertaken. If your case is won, you will pay your solicitor a “success fee” out of your damages. This “success fee” is a pre-agreed percentage uplift of the solicitor’s underlying costs. The sum deducted from your damages will be capped at a pre-agreed percentage of the sum awarded (a maximum of 25% in personal injury claims).
Who Pays The Compensation?
Typically, a claim will be made against the insurance the defendant has in place. The person or company that pays out your compensation will depend on the type of claim you are making.
How Long Will The Claim Take?
The length of time it will take for your personal injury claim to be completed will depend on the circumstances surrounding your injury.
In simpler cases where it is clear where the fault lies, the case may be settled quicker.
Can I Claim if I am Unemployed?
Yes. You can still claim if you are unemployed. If you are receiving benefits such as job seeker’s allowance, your personal injury solicitor will discuss your injuries and your circumstances to fully understand how your injury may impact your right to receive unemployment benefits or may prevent you from searching for work.
How Long Do I Have to Make a Claim?
In most circumstances, you have 3 years from the date of the accident to make a claim.
If you are claiming on behalf of a child, you will have up until three years after their 18th birthday to make a claim, regardless of when the accident took place.
Can I Make a Claim if I didn’t go to Hospital Following an Accident?
The medical advice and assessments you receive after your accident may form an important part of your case, but we understand that many people don’t receive medical attention straight away.
A specialist legal advisor will be able to tell you if you are still eligible to make a claim.
Our Personal Injury Services
At Butcher & Barlow LLP, we understand that each claim is different. Consequently, we take a completely tailored approach to each case, ensuring you receive expert guidance and advice throughout your claim. Please call our dedicated personal injury team on 01606 47523. Alternatively, send your enquiry through to our handy contact form and we’ll be in touch with your shortly.