Accident claims - Personal Injury Solicitor Compensation Claims. Do you have a claim ?

No win, no fee solicitors? Or would you prefer 'No Fee' - win or lose?

onditional Fee Agreements and Personal Injury Solicitors 

The Law Society's Conditional Fee Agreement (CFA), popularly known as a 'no win no fee' agreement, was first introduced in 1996. It allows solicitors to agree to waive their fees if a case is unsuccessful. However, caution should be exercised - a CFA does not necessarily mean that there are no costs implications for you if the case is lost. CFAs come in different flavours - they can vary from solicitor to solicitor. A model CFA is published by The Law Society, which most solicitors then adapt to suit the 'terms and conditions' of their firm or to suit individual cases. For example, some solicitors return 100% of your compensation, some don't; some will fund your claims, others ask you to pay for disbursements (such as medical reports etc). 

 

There are three important things to note about CFAs:

1.   Firstly, 'no win no fee' usually means just that - if you win, you will have to pay your solicitor. A Conditional Fee Agreement could be written to allow a solicitor to claim fees from the client as well as the client's opponent when the case is won. And many solicitors do take a percentage of their clients' compensation as part of their fees. 

However, at freelegal.co.uk, our panel solicitors have agreed to claim all their costs from the other side and return 100% of compensation to clients. Ours is a "No Fee" service - win or lose.

 

2.   Secondly, you should bear in mind that a CFA might only state that the solicitor agrees not to charge the client for any of his own fees should the claim be unsuccessful. This means that you are still liable for disbursements, and these could include medical reports, expert witnesses' fees, and barrister's fees - these might even add up to more than the solicitor's fees. Make sure you understand exactly what is covered under the 'no win no fee' clause.

With freelegal.co.uk there is no charge whatsoever - win or lose.

 

3.   More importantly, unless separate provisions (such as 'after-the-event' insurance etc) are arranged, the client would remain liable for all of the opponent's costs if the case is lost.

With freelegal.co.uk, you are protected against all costs if your claim is unsuccessful.

 

Summary

With freelegal.co.uk, the service you receive is superior to "No Win No Fee". It is a "No Fee - Win or Lose" service. This is because

1. Your solicitor will return 100% of your compensation.
2. You do not have to pay any disbursements - win or lose.  

 

 

IMPORTANT

Before instructing a solicitor to act for you, make sure you clearly understand what his terms are. As a checklist you should at least ask him (or her) the following questions: 

1.  How much of my compensation am I guaranteed to receive? 

2.  Do I have to fund the claim myself by paying for disbursements, such as medical reports, and then claiming the cost back if I win? 

3.  Am I protected from all costs if I lose?

 

And ask for this to be clearly stated in writing in your Agreement with the solicitor - many solicitors still take 25% or more of your compensation as a "success fee".

 

Click HERE for the statutory instrument setting out details of the relevant provisions for Conditional Fee Agreements.

 

Click HERE for an overview of The Law Society - the representative and regulatory body for all solicitors of England and Wales.