By Marlon Wilkinson. Last Updated 30th September 2022. Welcome to this guide to making a No Win No Fee personal injury claim. In it, we look at paying for legal services in this manner for a number of claims, including:
- A No Win No Fee car accident claim (for hit and run accidents, or claims against other drivers)
- No Win No Fee claims against the council (for pavement trips and public park accidents)
- A No Win No Fee accident at work claim (for employer’s negligence in protecting your health and safety
What does No Win No Fee actually mean?
Is No Win No Fee worth it? If you have been injured or become ill in an accident caused by another party, you may be considering making a personal injury claim to help compensate you for the consequences of the injuries suffered, be they physical or psychological. A quick search for most types of personal injury claim or personal injury solicitor will show that claims can be made under a No Win No Fee agreement. But, what are these agreements how do you about making such a claim, and what are the answers to those common questions above?
In this guide we will provide all of the advice that you need to know to fully understand what a No Win No Fee agreement is, answer questions such as “how much do No Win No Fee solicitors take?” and look at what the benefits of this type of agreement or contract is to you, as a claimant. To find out more, please read our detailed guide below.
Select A Section
- A Guide To Making A No Win No Fee Claim
- No Win No Fee Compensation Calculator
- What Can No Win No Fee Claims Include Damages For?
- What Is A Conditional Fee Agreement?
- How Do Solicitors Provide Services Through These Agreements?
- When Were No Win No Fee Claims Introduced?
- Why Was This Way Of Funding A Claim Created?
- How Much Of The Settlement For My No Win No Fee Personal Injury Claim Will I Keep After My Solicitors Fee?
- No Win No Fee Statistics
- No Win No Fee Accident At Work Claims
- No Win No Fee Medical Negligence Claims
- No Win No Fee Car And Road Traffic Accident Claims
- No Win No Fee Whiplash Claims
- No Win No Fee Holiday Accident And Illness Claims
- No Win No Fee Flight Accident Claims
- No Win No Fee Claims Against The Council Or Local Authority
- No Win No Fee Shop And Restaurant Accident Claims
- How Do I Start A No Win No Fee Personal Injury Claim?
- How We Can Advise You Through The Claims Process
- Contact Our Team Of Advisors Today To Make No Win No Fee Claims Against The Council Or Another Party
- Where You Can Find Out More About Making A No Win No Fee Personal Injury Claim
If you need to make a personal injury claim with a solicitor, you might wonder what does no win, no fee actually mean to you as a claimant? This is an agreement made between you and the personal injury solicitor handling your claim. The aim of a No Win No Fee agreement, also known as a conditional fee agreement, is to help you to claim damages for your injury without having to worry about paying legal fees and costs upfront.
You will not need to make any payments to get your claim started, so if you do lose your claim, the conditional fee agreement has taken out any risks on your part of making a claim. When you do make this type of claim you can be sure that you will never be out of pocket. Being able to make a claim under this type of agreement will be subject to a solicitor assessing that you do have a valid claim and that there is a very good chance of you winning compensation.
Please read on for more advice on conditional fee agreements.
At the start of any claims process one of the earliest things people ask us for advice about relates to how much they can claim for their injury, and how much do No Win No Fee solicitors take? We will deal with how much your solicitor is allowed to charge later in this article. In this section, we have included our no win, no fee calculator. Whilst we can not quote you figures as to exactly how much you, as an individual can claim for your injuries, what we can do is provide information and advice as to how much different types of injury can be awarded. The figures in this table are taken from the 2018 version of the Judicial College guidelines.
|Severity of injury||Part of body injured||Settlement estimate||Additional Advice on injuries affecting this body part.|
|N/A||Funeral costs||£3,000 - £10,000||You settlement could be above the maximum.|
|Loss of income - benefits||Loss of income||£5,000 - £500,000||Personal injury calculation is made from your current/ future income and benefits.|
|Loss of income - earnings||Loss of income||Can Be As High As £400,000 Depending on Your Salary.||Personal injury calculation is made from your current/ future income and benefits.|
|Moderate to severe||Toe injury||Up to £49,180||The injury may include lacerations, bruises, or it may be other types of soft tissue injuries. Severest injuries resulting in the loss of all toes.|
|Minor to severe||Ankle injury||Up to £61,110||These injuries might range from restricted movement down to a simple soft tissue injury.|
|Minor to very severe||Foot injury||Up to £96,150||This injury might affect parts of the nervous system. It might include a bone fracture or reduced function.|
|Minor to severe||Leg injury||Up to £119,210||Your injury might have affected any part of the leg, falls short of amputation.|
|Minor to serious||Hand injury||Up to £54,280||The injury may have been a scrape or a cut. Might also have included a fracture to the hand bone reduced or loss of function.|
|Minor to severe||Wrist injury||Up to £52,490||This injury might include fractures or breaks. It may also include damage to your soft tissues.|
|Moderate to severe||Arm injury||Up to £114,810||An injury of your arm might be a more simple fracture or soft tissue injury. It might also lead to you losing the ability use the arm. Short of amputation.|
|Minor to severe||Back injury||Up to £130,060||A back injury might affect the soft tissues or the bones.|
|Minor to severe||Neck injury||Up to £141,150||Injuries such as whiplash.|
If your injury or reason for compensation is not listed above, our team of advisors could provide you with further information. Please contact us today to start your claim.
Making a claim via an experienced personal injury lawyer or solicitor provides you with certain advantages. Chief among these is the ability to secure the best possible settlement which includes compensation not just for your physical or psychological injuries, but also for the myriad costs that you have had to face.
General and special damages
When you look at the personal injury claims calculator above, you can see that we have included figures for types of injuries, as well as additional things such as funeral costs. General damages refer to those paid out for the actual injuries, be they physical or mental. Special damages refer to these additional costs.
Special damages can sometimes be more difficult to quantify but put simply they refer to costs and losses resulting from your accident.
Costs relating to medical treatment
To fully treat your injuries you may need to visit a private medical practice or seek treatment not available through the NHS.
Effects on your income
Your accident may have prevented you from working for a period of time and it may also affect your future earning potential. You may be able to recover this lost income as part of your claim.
Travelling to and from medical appointments
No matter whether you are using public transport or driving your own vehicle, getting around can be expensive.
Whether you have heard them referred to as a No Win No Fee agreement or as a conditional fee agreement, this is an agreement between you as a claimant and your personal injury solicitor. Their legal name is a ‘Conditional Fee Agreement’ and this is the phrase which may be used in your contract. This is often abbreviated to ‘CFA’. They are referred to in law as the Conditional Fee Agreements Order, 2013.
The CFA will set out what the solicitor or lawyer will do, and that any legal fees due will be paid for from the settlement awarded to the claimant. It will also state that if there is no such settlement, no fees are due. How much the solicitor charges has been limited by law to a maximum percentage of 25%, but the final amount will be agreed upon between solicitor and claimant.
The solicitor will have a Conditional Fee agreement drafted between themselves and the claimant. This will set out the work that the solicitor will undertake and services they will provide, such as organising a medical examination to provide further evidence for your claim. It will also set out what fee they can expect to be paid if you win, and that no fees are due if you lose.
The maximum amount a personal injury lawyer or solicitor can levy is 25% of the final compensation settlement. However, in many instances, it is lower than this. There are also a variety of different schemes backed by the government which can be used to help keep claimants costs as low as possible.
CFA’s have been with us for quite some time now. The Conditional Fee Act, which first introduced this way of making a claim, came into being in English law in 1995. At the time this was for a range of cases, though not all. In 1998 the range of cases covered by the CFA was expanded to cover all civil cases barring those which take place in the family courts.
The 1999 Access to Justice Act (read about it here). This helped to broaden the scope and appeal of making a claim in this way. Whilst there have been numerous updates and changes to CFA’s over the years, the principle of giving people access to justice without having to worry about cost has remained the same. For more advice, such as answer questions like ‘is No Win No Fee worth it’, call our team today.
The idea of being able to make a claim for compensation under a conditional fee agreement or CFA was introduced in the UK to provide a route for those who may otherwise not be able to use the services of a personal injury lawyer to do so.
How Much Of The Settlement For My No Win No Fee Personal Injury Claim Will I Keep After My Solicitors Fee?
As we said earlier a question we are frequently asked is how much of a settlement a claimant keeps and what is paid to the solicitor. Rather than a specific figure, the solicitors’ fees will be calculated based on your final award, with the solicitor being paid up to 25% of this. In many cases, the actual amount charged may be lower, but this is the maximum which can be charged.
Let us look at several simple and relevant statistics surrounding how many people make Conditional Fee Agreement (CFA’s) claims in the UK.
- According to the Department for Work and Pensions (DWP) Compensation Recovery Unit (CRU), over the 2016 – 17 financial year a total of 978,816 claims were made. The total amount of compensation claimed by these people were £126,026,375.10.
- Of these road traffic accidents and accidents involving vehicles accounted for the bulk of such claims, totalling 780,324.
- Accidents at work and claims against employers totalled 73,355.
- There were 17,894 medical (clinical) negligence cases.
Next, we shall look briefly at some of the different types of cases No Win No Fee solicitors can help you to make.
Accidents in the workplace happen much more often than we think and if you have had an accident at work, you could be in line to make a personal injury claim. In 2016/ 2017 there were around 610,000 accidents at work which were deemed to have been avoidable. Alongside this, there were also 1.3 million cases of people suffering a workplace illness.
Why make a No Win No Fee Accident At Work Claim?
Your accident at work could have been caused by an employer or it could have been caused by another member of staff. If people do not correctly follow required health and safety rules, have not been properly trained, or have not been properly equipped with personal protective equipment, you could be injured. If someone else caused your workplace accident, contact us for more advice today.
We expect those providing us with healthcare and medical services to be held to the utmost standards. At times our health or even our life will depend upon this. There are lots of different ways in which medical negligence can be caused. You could suffer from poor care by a GP or specialist at a hospital, suffer avoidable complications from an operation or have a condition such as cancer misdiagnosed. In the most serious cases, medical negligence can be and is threatening to your life.
If you have experienced medical negligence or clinical negligence our team can provide you with the advice you need to claim compensation through a conditional fee agreement and make things right.
There are many different types of road traffic accidents which you could be injured in and claim compensation for. You could have been involved in a car accident, been knocked off your motorcycle or bike, suffered an injury as a passenger on a bus, or have been a pedestrian crossing the road and been struck by a car. Whatever the circumstances which led to your accident and subsequent injury, if you can show that someone else was responsible for the injuries which you suffered you could be able to claim compensation from them. Our advisors are here to provide you with guidance and recommendations on what you should do next, and how to make a car accident claim with No Win No Fee solicitors.
What road users could make a No Win No Fee car accident claim?
When we think about making a No Win No Fee car accident claim, we may not consider how many other types of road user could be injured in a car accident. While car occupants are the most commonly injured road users, according to the road traffic accident statistics from 2020-21 from the DfT, you can also see below that pedestrians, pedal cyclists and motorcyclists were also injured within this time period.
Whilst whiplash can sometimes be seen as not being seen as a serious type of neck injury. However whilst the majority of people will recover within a few days or weeks, the effects and symptoms of whiplash could last for months or even longer. The reality of whiplash injuries is that the damage to your neck can be serious, it can be painful, and it can even have a serious or severe impact on your life as a whole.
Whiplash is most commonly suffered by people in a road traffic accident, but it can also be caused by slips and falls and any other type of accident which jolts the neck. If you have suffered this type of injury, contact us for guidance on making a No Win No Fee compensation claim for the injury.
After having spent time putting money aside and planning your trip, your holiday should be the most relaxing week or two weeks of your life. For most people, this will be the case. However, a small number of people will suffer some form of an accident leading to an injury or come down with food poisoning whilst on holiday. Dealing with the effects of an injury or illness whilst abroad can be very stressful, more so if the injury or illness is serious. There may be linguistic barriers and the fact you are not familiar with how medical services operate in this country. If you were injured as a result of the actions of your airline, hotel, holiday company or a provider operating an excursion booked as part of your package, you could make a holiday accident claim. We can provide you with the guidance you need to make a personal injury claim.
If you are the victim of an accident or injury on a plane, you could make a flight accident claim against the airline responsible. Flight accidents do not have to be anything dramatic and severe as a plane crash. They can be as simple as tripping over when boarding the flight if the stairs or ramp were not at the right height. They could also be caused by cabin crew spilling a hot drink on you, or you could have been injured because of a damaged or defective aeroplane seat. As long as you can show that the accident which happened to you could have been avoided and that the airline or a member of the aircraft’s crew were responsible, you could make a flight accident claim with No Win No Fee solicitors.
There are numerous locations where and ways in which you could be injured because of negligence on the part of a local council or similar authority. If you had a car accident because of a pothole you could make a claim against either the local council or Highways England, whichever body was responsible for maintaining the road. Similarly, if you tripped over broken paving on the street, or were injured in a public park because it was not being correctly maintained, you could be eligible to make a claim against the council responsible for maintaining the area. To find out more talk to our team who can provide you with recommendations on what to do next.
Shops and restaurants are both examples of public places where there is a high level of foot-fall, a lot of people interacting and numerous ways in which an employee or a customer could be injured. As a business and as the occupier of premises, shops, restaurants and similar businesses have a duty of care to ensure that everyone on their premises is able to be there in a safe way. Contact our team for advice on this type of accident claim.
People can often find taking any legal action a daunting prospect. You may need to navigate legal terminology, understand personal injury claim limit limits and worry about what evidence you need. This is why the best way to start or making a personal injury claim is with an experienced solicitor. By talking to us, you can be assured that you will have both guidance on how to start your claim and be connected with the right solicitor for your case.
As experts in personal injury law, we can provide you with all of the advice, guidance and recommendations that you need in order to make a fully informed choice about what you should do next.
|What To Do Now||What Happens Next||Start Your Claim|
|Contact our advisors over the phone or via our online contact form.||Our advisors can start to assess your case.||When you are ready to get started, we can begin working on your case.|
Contact Our Team Of Advisors Today To Make No Win No Fee Claims Against The Council Or Another Party
The following resources contain further and related advice for victims of accidents in the workplace, and of accidents involving cars.
Accident At Work Claims – Advice on the best ways to claim compensation for an accident in the workplace.
Car Accident Claims – How to make a successful car accident compensation claim for your injuries with our expert team.
If you’ve suffered an injury caused by a defective seat, this guide to broken chair accident claims may be of interest. It explains the criteria to make a claim, compensation payouts, and how we can help you.
FAQ About Making A No Win No Fee Personal Injury Claim
How do I evidence a No Win No Fee Car Accident Claim?
You would need to evidence that an accident took place, it was caused by the fault of someone else, and that you were injured because of it. You could use an accident report, witness statements, and independent medical evidence to prove your No Win No Fee car accident claim.
How do I prove No Win No Fee Accident At Work Claims?
You could use a copy of the accident book that your employer has to prove No Win No Fee accident at work claims. Witness statements, proof of injuries from an independent doctor and CCTV footage could also be vital in helping you secure compensation.
What could lead to No Win No Fee claims against the council or local authority?
As we have mentioned, you could make No Win No Fee claims against the council for a number of different types of accident and injury. This could include housing disrepair injury claims, claims for pavement accidents, school accidents (under the liability of the Local Authority) and even council worker claims.
What Percentage Do Solicitors Take For No Win No Fee?
The percentage of your compensation that a No Win No Fee solicitor could take after a successful claim may depend on the solicitor you decide to claim with. However, it cannot exceed 25%.
The Conditional Fee Agreements 2013 sets this cap of 25% of the awarded compensation (which does not include the compensation for future income or losses). Some solicitors can work below this limit, which can be discussed before you start a claim with them
Can I Make A No Win No Fee Accident At Work Claim?
You may be able to work with a No Win No Fee lawyer for an accident at work claim if they believe your claim has a good chance of success. This can be decided during an initial consultation with an advisor. If you get in touch with us, our expert advisors can tell if you’re eligible to claim after an accident at work.
Thank you for reading this guide to making a No Win No Fee personal injury claim.