The no win no fee system was introduced to allow access to justice for people who could not otherwise afford it. Though over recent times this has come under some scrutiny and criticism concerning the amount and type of no win no fee personal injury claims that have been made over the last few years, the courts have tightened up what they are prepared to entertain where making an injury claim is concerned, and given the alternative, no win no fee has been largely good for British society.
Prior to no win no fee, people would have used the legal aid system. This was arguably unfair as it looked at people’s ability to pay rather than the merits of their case.
Many people do not understand how injury solicitors get their legal fees through a no win no fee arrangement. Under this system, which is sometimes referred to as a conditional fee arrangement, we charge a success fee in the event of a successful claim. This is in addition to the compensation which is yours to keep in its entirety. In effect, our fees are paid for by the losing party.
In many cases, an injury lawyer will request that you take out some kind of insurance policy which covers you for third party legal fees, should your claim for personal injury compensation be lost. This may involve an upfront payment of around £2-900 but as they are self underwritten, they will reimburse you should you need to use the insurance. Your personal injury solicitor will explain this to you in detail.
Not all personal injury claims can be made on a no win no fee basis, and the legal system in Scotland is slightly different to England, Wales, and Northern Island. Medical negligence and criminal injury claims in the United Kingdom are prohibited under law on a no win no fee arrangement, the fees come from the compensation which is normally quite substantial.
Scottish law has a different no win no fee arrangement, whereby the solicitor fees come from the compensation but nothing is paid by the claimant if the case is lost.
Regardless of which system operates for your particular claim, our no win no fee lawyers will be able to advise you on which applies and what is involved. They will also be able to tell you if you have a winnable case.
Most personal injury cases however, will be on a no win no fee basis.
If we decide that your case is winnable we will take it on as a no win no fee arrangement providing we are allowed to do so. We will then begin to amass evidence to support your case and then make your claim for compensation.
Many cases are settled out of court due to the negligent party wanting to save as much money as possible on legal fees.
Contact us either by phone or completing the online form and we will assess your case, and see if you can make a claim for compensation for personal injury.