Why Do Injury Solicitors Charge A 25% Success Fee?

By Stephen Kane. Last Updated 16th January 2024. Welcome to our guide on a personal injury solicitors’ 25% success fee. In the past, if you made a successful personal injury claim, you would receive 100% of your compensation. That’s because, before March 31st 2013, successful claimants would have their legal fee paid by the defendant. However, after that date, the law changed.

Now if you win a claim with a personal injury solicitor, you must contribute up to 25% of your settlement to cover their fees. But only when making a claim with a No Win No Fee solicitor. If you pay for a solicitor by the hour you would not be charged the 25% success fee. In this guide, we’ll look at why the personal injury solicitors’ 25% success fee exists, what kinds of claims it will be applicable in and what services it covers.

If you are reading this article because you’re interested in claiming, we can help. We have a team of specialist advisors who offer a no-obligation review of any claim. This guide will give you free advice about your options, too. 

If your claim has a good chance of success, we could pair you with a personal injury solicitor from our panel. If they decide to work on your case, they’ll represent you on a No Win No Fee basis.

Please get in touch today if you would like free claims advice. Our number is 0161 696 9685. Alternatively, you can continue reading to learn more about success fees in personal injury claims.

A No Win No Fee solicitor holding a pen

Why do injury solicitors charge a 25% success fee guide

Select A Section

  1. Solicitors Fees For Personal Injury Claims
  2. What Is A Personal Injury Claim Success Fee?
  3. Success Fee Compensation Calculator
  4. Types Of Special Damages Awarded In Injury Claims
  5. Personal Injury No Win No Fee Claims
  6. More Information

Solicitors Fees For Personal Injury Claims

You may be wondering about what a personal injury claim solicitor’s fees could be if you are considering hiring legal help. A solicitor could offer you their services on a No Win No Fee basis.

When you hire a solicitor under this type of agreement, they will generally not expect an upfront fee. Also, they will take a percentage from your payout following a successful claim. The percentage is capped at 25% by law and is known as a success fee. If your claim is not successful, then you are not required to pay your solicitor.

All of the lawyers on our panel can work with clients on a No Win No Fee basis. Get in touch if you have any concerns or questions concerning solicitors fees for personal injury claims.

Other Costs To Consider

The only other fee that might be payable when making a claim through a No Win No Fee solicitor is the cost of an insurance policy to cover you if you lose. 

You may need to pay the premium yourself if your claim isn’t successful. We advise that you check with your lawyer about this fee before signing any agreement. Importantly, if you have before the event insurance included with your home or vehicle insurance policy, you might not need to purchase this extra cover.

What Is A Personal Injury Claim Success Fee?

Personal injury solicitors sometimes offer their service on a No Win No Fee basis. This is where they charge a success fee of up to 25% of your compensation. A No Win No Fee agreement is formally known as a Conditional Fee Agreement. Meaning the solicitors’ fees are conditional on the claim being won. Before accepting a claim, they will usually check that:

  • You were owed a legal duty of care by the defendant.
  • That an accident happened because the defendant was negligent.
  • That you were made ill or became injured as a result of the accident.

The success fee will be deducted from your compensation if your claim is successful. The fee is used to cover your solicitor’s legal services, time and legal costs. If they fail to win your case, the solicitor will not be paid.

If you would like us to check if you’re eligible to claim using a No Win No Fee solicitor, please get in touch today.

Why Is The Injury Solicitor Success Fee 25%?

Success fees are structured so that claimants who cannot afford to pay for legal representation upfront have a way to gain access to a solicitor. The solicitor or law firm has to take on the risk that they may not be paid if the claim does not succeed.

Cases are vetted based on their chances of winning before being accepted. Despite this, there is a chance the solicitor might not be paid for their work. This could amount to weeks, months or even years of effort for more complex cases. Therefore, the injury solicitors 25% success fee is set to allow them to recover the cost of their work for cases they do go on to win.

Do All Injury Solicitors Charge A 25% Success Fee?

Different law firm and solicitors may have different success fees. The success fee is usually capped though to stop overcharging.

However, you should always check the terms of the No Win No Fee agreement that you have with your solicitor so that you’re sure of the amount that they will take in the event of a successful claim. 

If you would like to know more about how we could help you begin a claim, please get in touch with our team today.

Success Fee Compensation Calculator

In this section, we will give you some idea about the amounts of compensation that could be paid in personal injury claims. Importantly, no two claims are the same. Therefore, the figures listed here are for information only. If you work with a personal injury solicitor, they will be able to give you a more accurate estimate after your case has been reviewed.

In our compensation table below, you will see amounts for specific injuries. When lawyers, courts and insurers settle claims, they may use figures from the Judicial College Guidelines (JCG) as a way of guidance. Therefore, we have quoted amounts from the JCG. 

The part of a personal injury claim that deals with your injuries is called general damages. General damages aim to provide compensation for any pain or suffering you’ve sustained as a result of your injuries.

The table below should be viewed as a guide only. Please also note that the first entry in this table is an estimated figure that is not based on the JCG.

Edit
Injury To: Severity Settlement Bracket Extra guidance
Multiple Serious Injuries With Special Damages Serious Up to £500,000+ If you’ve suffered multiple serious injuries, then you may receive a compensation payout for all of them as well as related special damages, such as loss of earnings or the cost of home care.
Brain Damage Very Severe £282,010 to £403,990 The injured party will demonstrate little, if any, meaningful response to their surrounding environment and will require full-time nursing care.
Neck Injury Severe (i) In the region of £148,330 A severe neck injury that may be associated with incomplete paraplegia or permanent spastic quadriparesis. Alternatively, the injury may mean there is little to no movement in the neck despite wearing a collar 24/7 for a period of years.
Neck Injury Moderate (i) £24,990 to £38,490 Neck injuries under this bracket may include fractures, dislocations or soft tissue damage that cause immediate and severe symptoms. Spinal fusion may be necessary.
Knee Injury Severe (i) £69,730 to £96,210 A serious knee injury involving issues such as disruption of the joint, loss of function and considerable pain. An arthroplasty or arthrodesis will take place or is inevitable.
Knee Injury Moderate (i) £14,840 to £26,190 Torn meniscus or dislocation injuries that result in wasting, weakness, and / or future mild disability.
Back Injury Severe (iii) £38,780 to £69,730 Injuries to that back that result in cause chronic suffering. They can include disc lesions or fractures that result in severe pain, depression or personality change even after surgery.
Back Injury Moderate (i) £27,760 to £38,780 This bracket applies to a wide variety of back injuries such as a compression/crush fracture of the lumbar vertebrae, or a damaged intervertebral disc, potentially with nerve root irritation. Injuries under this bracket usually result in reduced mobility.
Facial Injuries – Skeletal Injuries Fractures of Nose or Nasal Complex (i) £10,640 to £23,130 Cases in this category will result in some facial disfigurement. However, there won’t be much psychological impact as plastic surgery will help.

You may have noticed that the amount paid in general damages is largely influenced by the severity of your injuries. That’s why, during the claims process, you may need a medical assessment. These are usually booked locally. 

The appointment will be conducted by an independent medical specialist. As well as checking the progress of your injuries, they will refer to your medical records. Finally, you will be asked several questions about the problems your injuries have caused.

After the appointment, the specialist will detail their findings and offer a prognosis in a report. 

Types Of Special Damages Awarded In Injury Claims

If you are successfully awarded general damages, then you may also be able to claim additional compensation called special damages as part of your personal injury claim. Special damages may be included to compensate you for any financial losses or expenses you have incurred or will incur in the future due to your injuries.

Examples of what may be covered by special damages include:

  • Lost income/future loss of earnings – If the injuries you’re claiming for have led you to take unpaid time off work, then you may be able to claim lost earnings or future loss of earnings under special damages.
  • Cost of treatments or medication – If your injuries have led you to pay for certain treatments (such as physiotherapy) or medications that you need, then you could possibly claim these expenses back.
  • Travel costs – The cost of travel to medical appointments related to your injuries could potentially be covered under special damages. This may include train tickets, bus fares or parking costs.

To receive special damages, it’s important to gather evidence that confirms the expenses or losses you wish to claim for. This may include documents such as invoices, wage slips or receipts.

If a personal injury solicitor is supporting your claim, they could advise you on what you may be able to claim under special damages and assist with gathering evidence. 

To learn more about claiming for special damages or to ask questions you may have, such as “Why do injury solicitors charge a 25% success fee for some cases?”, contact our advisors for free today.

Personal Injury No Win No Fee Claims

Having explained that the No Win No Fee injury solicitor’s 25% success fee is only payable if you win a claim, we are going to explain the No Win No Fee process in more detail here. The benefit of such services is that you still get access to specialist legal representation without having to pay a lump sum before your claim begins.

Personal injury solicitors offering No Win No Fee can’t take on every claim. They need to review cases first to check that there is a reasonable chance of the claim succeeding. If a solicitor takes on your personal injury claim, they’ll provide you with a Conditional Fee Agreement (CFA). A CFA is a formal term for a No Win No Fee agreement and consists of a contract that tells you what your solicitor will need to do in order to receive payment.

Essentially, the only time you will have to pay the solicitor’s fees is if you receive compensation. If that happens, you’ll pay the success fee. As mentioned earlier, this fee is legally capped and can’t go higher. No Win No Fee claims mean that you:

  • Won’t be asked to pay your solicitor upfront.
  • Don’t need to pay the solicitor’s fees while they process your claim.
  • Won’t pay solicitor’s fees at all if the claim does not succeed.

Speak To Our Team

We are almost at the end of our guide on the injury solicitors 25% success fee. If you are in a position where you would like to discuss your claim, we are ready to help. To speak to our specialists, you can:

We are happy to walk you through the claims process. We start by assessing any claim on a no-obligation basis. Then you will be given free advice on what to do next. 

More Information

Thanks for visiting Advice.co.uk today. Hopefully, you now understand why the injury solicitor’s 25% success fee exists. 

In the final part of our guide, we have listed some resources which might be needed during a claim. If you need to know anything further, please call our team today.

  • The Solicitors Regulation Authority – The SRA regulates law firms and solicitors in England and Wales.
  • Health and Safety Executive – This is the body that advises businesses on health and safety at work.
  • Find NHS Services – If you need copies of medical records for your claim, this tool can help you find NHS addresses.
  • Finally, because we are able to support many different types of compensation claims, we’ve added a few more guides below.
  • Negligence In Care Homes – Advice on making claims for suffering caused by care home negligence.
  • Workplace Stress Claims – This article looks at why stress at work could lead to compensation.
  • Hospital Infection Claims – Free legal advice on when you could claim after sustaining MRSA or other as a result of hospital treatment.

Thank you for reading our guide on personal injury solicitors’ 25% success fee.