No Win No Fee Claims

What does no win no fee actually mean?
Have you just come on to the web after seeing a television advert with huge cheques and big "no risk to you" type slogans? Did you read the small print going across the bottom of the screen? Well, just in case you wanted to make sure before diving head-first into a personal injury lawsuit here is a run down of the commonly used advertising terms for personal injury claims and what they might actually be referring to.

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The two most common phrases you'll hear on TV or see in adverts regarding personal injury claims are "no win no fee" and "100% compensation". These are two completely separate concepts and both are not always available depending on your local legal procedures and/or your claim type. 'Don't the adverts say they give every case no win no fee and 100% compensation?' ... Yes, every case they actually take on.
If your case cannot be run on no win no fee, or they cannot offer you a 100% compensation agreement, then they won't take your case to begin with. To save yourself some time when responding to an advert you see on TV or in the Local Newspaper ask the person you are calling upfront whether they actually take on your claim type otherwise you could be handing over all your personal details for no reason. Most adverts will have small print, as do most websites, at the bottom saying which case types they do not accept and/or which ones do not qualify for their offer of no fees or 100% compensation guarantees.
We should all know by now to read the small print of every agreement that is placed under our noses. All we get from the salesman when we agree to buy something is 'great, just sign here' ... not 'great, now let me go over the terms and conditions with you' - which is how it should be. Generally, solicitors will always make you aware of the terms and conditions of their arrangement with you.
This is because they have a lot to lose should you argue with the terms and conditions later. Unfortunately many claims handlers or middle-men, whether third party or directly employed by a solicitors firm, are not always as forthcoming with the intricate details as they need you to sign the dotted line before they will get paid.

When can I make a No Win No Fee Claim
Depending on the type of case, the amount of money and even where you live in the UK the solicitor may get you to enter in to a 'conditional fee arrangement' or require you to purchase an insurance policy to cover legal costs should you lose. 'Conditional fee arrangements' can take up to 30% of your compensation and legal insurance policies range from £200-£900 and are sometimes payable upfront.
This sounds scary but most of these after-the-event legal insurance polices are 'self-underwritten' which means that if the case loses you will not have to pay the cost of the insurance policy either. In either case though, the statement of no win, no fees is accurate as the final state of affairs will be that if the solicitor does not win your case then you DO NO HAVE TO PAY ANYTHING.
The phrase 'no win, no fee' is generally associated with the notion that if you lose you don't have to pay a penny and if you win you will receive 100% of your compensation. The first part of that statement is true but agreements such as a conditional fee arrangement may release you from all liability to pay any money should the case lose, but it will require you to pay an amount should the case win. The phrases 'no win, no fee' and 'receive 100% of your compensation' do not mean the same thing.
Check with the person who is taking the details of your compensation claim that there will be nothing to pay if you lose AND nothing to pay if you win.

All of the solicitors in England and Wales should offer you the option of no win no fee AND 100% of your compensation. Exceptions to this may be Criminal Injury cases and Medical Negligence cases, there are still many firms unwilling to run such claim types without payment from the client. Also, in Scotland the solicitor will require you to enter into a conditional fee arrangement on many case types. This will still entitle them to use the no win, no fee slogan but you will not receive 100% of your compensation. This is how the Scottish legal system works and there is no way around it. There are very few situations where you will not receive 100% of your compensation as a matter of course, but if you ask the solicitor and he says that you will receive 100%, then you'd better receive 100%.

All in all it is fully recommended that you speak to the solicitor who will actually be running your case and ask in no uncertain terms whether there will be any money upfront and/or requested during the case, if there will be a fee if you lose and/or if there will be a fee if you win. This way there will be no surprises along the way.
If someone shows up at your door screaming 'no win, no fee' and puts an insurance policy in front of you face, ask to speak to a solicitor.

No Win No Fee Claims - What Are Your Choices?

Every day thousands of people suffer accidents that are not their fault. Only a very small percentage of these unfortunate people end up getting the compensation they are entitled to.

One reason that the vast majority of these people never get what they deserve is because they themselves do not pursue legal action.
The legal process can often be a long, stressful and drawn out process, and people know this. This alone is often enough to discourage people from seeking legal action, even if they are convinced that they have suffered because of someone else's mistake. The deciding factor for most people however, is the perceived cost of proceedings.

About half way through the 1990s a policy of no win, no fee claims were introduced by many legal firms and claims services.
The no win no fee claims policy meant that a client could commission the services of a legal professional safe in the knowledge that if they were to lose the case then they would not be landed with a huge bill.

The no win no fee claims system meant that many people who before would not have considered making a legal claim were able to do so. Even if they won, they were still able to take home 100% of the compensation as legal firms were able to reclaim their fees from the insurance of those you are claiming against.

These days, for people who have suffered an accident that was not their fault, the biggest decision is not whether or not to seek legal advice but where to seek it. The choice those seeking legal advice face is, firstly, between a claims service and a law firm. Though the difference between these options may seem trivial, it will actually make a big difference to your experience of the claims procedure.

A no win no fee claims service is often a company which specializes in dealing with these specific accident cases. What they tend to do is act as a 'middle man' between you and the company who will then represent your case in court. Though many people have very positive experiences through these companies, they can be impersonal and misleading.

By far the best option is to use a well established law firm to represent you. These firms should not cost you any more than a claims service as they still have a no win, no fee claims procedure. What makes the difference is the level of service that you will receive.
If you choose a local legal firm then you will get a personal service from a company who has a reputation to uphold.
It will also mean that you get far more face to face contact with your representative rather than just speaking on the phone. There are thousands of companies that deal with no win no fee claims.

It is mistake however to think that they can all represent you in the same way. If your claim is to be successful you need to use someone who is both competent and trustworthy.