What is No Win No Fee?
A no win no fee solicitors agreement, also known as a Conditional Fee Agreement (CFA), helps protect you from financial risk when making a claim. It is a contract between you and your no win no fee personal injury solicitors.
At Osbornes Law our no win no fee lawyers have used these agreements for many years to fund personal injury and clinical negligence cases, allowing access to justice for thousands of clients who would otherwise be unable to afford the legal fees or to bear the financial risk of losing. There are no upfront fees and you only pay a contribution from your compensation settlement if you win.
No Win No-Fee Personal Injury Claims
You may have suffered an injury that wasn’t your fault. If your personal injury accident was caused as a result of negligence you may be entitled to compensation. A no-win no fee claim is a risk-free way of gaining treatment, care and compensation to put your life back on track.
How Does No-Win No-Fee Work?
We will assess your case and advise you if we think you will win, in which case our no win no fee solicitors will offer to pursue the claim for you. We will explain the terms of the No-Win No Fee compensation agreement (CFA) carefully – and confirm our advice in writing – before you instruct us. The agreement means you do not have to pay any legal costs if you lose your case (except in the case of fraud) and if you win you recover your compensation and costs from your opponent, less a success fee that you pay to us. That success fee compensates us for the risk that if your claim is unsuccessful we do not get paid at all.
No Win No Fee Claims Process
- Contact our lawyers for a free initial consultation
- We will obtain details about your accident and the injuries you sustained.
- Our no win no fee solicitors will ask questions about how your accident happened and obtain details from you of any losses or expenses you have incurred as a result of your injuries.
- If you have a case, a personal injury solicitor will talk you through the next steps.
Other funding options for my personal injury claim
A no win no fee solicitors agreement is often the best way of funding your personal injury claim, however, there are other alternatives you may wish to consider. Our No Win No Fee personal injury team will discuss with you and explain all possible options.
Government policy and the changes to No Win No Fee claims
The No Win No Fee claims arrangements granted ordinary people access to justice without the worry of being saddled with unaffordable legal bills and other costs. Legislation enacted by the government back in 1999 made the defendant liable for the cost of funding.
This was the principle of ‘polluter pays’, so that the cost of running those cases which did not succeed was met by a levy, or a success fee, together with an insurance premium, on the cases which did succeed, both paid by the losing defendant.
Defendants and their insurers did not like having to meet these additional costs and the insurance industry lobbied hard for a change in the law.
In January 2010, Lord Justice Jackson published a report on costs in the civil justice system. Jackson recommended that insurance policy premiums and success fees should no longer be charged to defendants. Instead these costs should be paid by the winning claimant themselves from their compensation.
Our no win no fee lawyers and other groups that represent injured claimants strongly opposed Jackson’s recommendations. However, the Government went ahead and implemented many of the changes proposed by Lord Justice Jackson in the Legal Aid Sentencing and Punishment of Offenders Act 2012 (“LASPO”) which means that from April 2013 accident victims will have to contribute towards their costs from their compensation.
The success fee contribution is set at a maximum of 25% of the compensation recovered for pain and suffering and past losses.
No Win No Fee Claims FAQ’s
Could I have insurance cover for a personal injury claim?
You may have Legal Expenses Insurance which is also be known as Before The Event Insurance (BTE). This is often sold as part of an overall package for car and household insurance policies. You will need to provide us with a copy of the policy and we will review to make sure the policy can cover you.
Can I Get Private Funding?
This is an option but is rarely the best option one. You would have to fund the case out of your own pocket.
Do I need to take out insurance?
You do not need to take out insurance to cover the risk of losing a personal injury or clinical negligence case (in the absence of fraud) but you may wish to do so to cover the risk of having to pay the opponent’s costs in the event that you fail to beat a formal settlement offer made by them, Our No Win No Fee solicitors in London will advise you about insurance before your claim is started.
Accreditations
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