No Win No Fee Injury Claims

What Are “No Win No Fee” Injury Claims?

“No Win, No Fee” injury claims have been marketed over recent years as a means of claiming compensation when you have been injured in an accident for which you were not to blame. Inasmuch as there are many valid reasons for taking advantage of these “Conditional Fee Agreements” - where your solicitor waives his or her legal fees if they fail to win your “No Win, No Fee” claim for injury compensation - many people are unaware of the full implications of making a “No Win, No Fee” injury compensation claim and what it might cost — win or lose.

“No Win, No Fee” Injury Claims When You Win

Should your “No Win, No Fee” injury claim be successful, your solicitor will charge their legal fees to the defendant´s insurance company, along with any expenses he or she has incurred for disbursements in the compilation of your claim and their “Success Fee”. Solicitors are allowed to add a success fee to the legal costs associated with your “No Win, No Fee” injury claim as a premium for accepting your case with no guarantee of payment; and you should, in theory, still receive your full settlement of injury compensation.

However, should the aggregate of your solicitor´s legal fees, disbursements and success fee be considered by a judge to be excessive in relation to the award of injury compensation, you may be liable for any shortfall - and this will be deducted from your injury compensation settlement. Other occasions when you may not receive 100 percent of your injury compensation award are when you have been receiving State benefits for loss of income or to cover the cost of care while your claim is being processed, or if you rejected an offer of settlement prior to court action which was of higher value than was eventually awarded.

“No Win, No Fee” Injury Claims When You Lose

Should you lose your “No Win, No Fee” injury claim, although you will not be responsible for your solicitor´s legal fees, you may still have to cover the cost of their expenses and will be liable for the defendant´s legal costs. This could be very expensive if your “No Win, No Fee” claim for injury compensation has involved court action and, because of the potential exposure to a substantial liability, “No Win, No Fee” injury claims solicitors recommend that you protect yourself from this possible situation by taking out an insurance policy.

According to Department of Justice survey, almost 60 percent of the UK population have legal expenses insurance attached to existing household contents or car insurance policies; or as a benefit that comes with certain credit cards and membership of motoring organisations. However, conditions — such as a limit on the legal expenses insurance you can claim - are normally imposed by the insurance companies providing this “Before the Event” insurance policy, and it is advised that you take out an “After the Event” insurance policy before proceeding with a “No Win, No Fee” claim for injury compensation.

“No Win, No Fee” Injury Claims and After the Event Insurance

After the Event insurance is important when making “No Win, No Fee” injury claims, as it ensures - win or lose — that you will not be exposed to a financial liability. The premium for an After the Event insurance policy can often be deferred until the conclusion of your claim; at which point — should you win your “No Win, No Fee” injury claim — the premium for the policy is added onto the defendant´s legal costs; while if you lose your “No Win, No Fee” injury claim, the premium for the policy is paid by the policy itself.

After the Event insurance can also pay for any shortfall between your solicitor´s aggregate legal fees and those which is are considered to be appropriate by a judge; however terms and conditions also apply to this type of insurance, which could see you forfeit the benefits of the policy if you refuse to settle your claim out of court when your solicitor advises you to, or you change solicitors during your “No Win, No Fee” injury claim and the first solicitor still demands a success fee in addition to his or her regular legal fees.

“No Win, No Fee” Injury Claims Solicitors

“No Win, No Fee” injury claims solicitors have to make a decision on whether they will accept your case on a conditional fee agreement and, as a rule, if your claim for injury compensation is 75 percent or more likely to be successful you will usually be offered “No Win, No Fee” legal representation. However, pursuing a claim for injury compensation under a “No Win, No Fee” agreement does not guarantee a successful outcome — and similarly, a solicitor´s refusal to offer you “No Win, No Fee” legal representation is not an indication that you have an injury claim for compensation which cannot be won.

Each personal injury claim is accepted for “No Win, No Fee” legal representation, or declined, on its own merits after a detailed assessment of your claim has been made. Factors such as the cost of preparing a “No Win, No Fee” injury claim, or whether alternative funding solutions would be more appropriate in your personal circumstances, will be taken into account along with the potential value of your “No Win, No Fee” injury compensation settlement. The decision regarding your “No Win, No Fee” claim for injury compensation might also be influenced by proposed changes to the way in which “No Win, No Fee” injury compensation claims are handled in the future.

Forthcoming Changes to “No Win, No Fee” Injury Claims

“No Win, No Fee” claims for injury compensation were first offered by solicitors in the Nineties after the Government withdrew access to Legal Aid for many categories of personal injury claim. The Government plans to further restrict access to free Legal Aid in the Legal Aid, Sentencing and Punishment of Offenders Bill 2012 in which changes will also be introduced to the way “No Win, No Fee” injury compensation claims are handled. Consequently, if you have suffered an injury in an accident for which you were not to blame, and would like accurate and up-to-date advice about making a “No Win, No Fee” claim for injury compensation, you are advised to seek professional legal advice at the first possible opportunity.

Free Advice for “No Win, No Fee” Injury Claims

Our Law Injury Claims Service offers free, impartial legal advice without obligation to anybody who has suffered an injury in an accident for which they were not to blame. By calling or completing one of the request for assistance forms on this page, you will be able to discuss the circumstances of your injury with an experienced “No Win, No Fee” injury claims solicitor who will answer any questions you may have about making “No Win, No Fee” claims for injury compensation.

Telephone lines to our Law Injury Claims Service are open twenty-four hours a day, seven days a week, and any personal information you disclose to our solicitors is completely confidential. Whether you would like to establish if you have a claim for injury compensation which is worth your while to pursue, require an indication of how much injury compensation you may be entitled to receive or need to know what procedures should be followed to qualify for “No Win, No Fee” injury compensation claims, call LawInjuryClaims.co.uk today on .


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