By Daniel Kirk. Last Updated 17th October 2022. 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.
Select A Section
- Solicitors Fees For Personal Injury Claims
- Success Fee Compensation Calculator
- Types Of Special Damages Awarded In Injury Claims
- What Is A Personal Injury Claim Success Fee?
- Car Accident Injury Claim Success Fee
- Workplace Accident Injury Claim Success Fee
- Clinical Negligence Injury Claim Success Fee
- Why Is The Injury Solicitor Success Fee 25%?
- Do All Injury Solicitors Charge A 25% Success Fee?
- The Law And Success Fees
- How Could An Injury Solicitor Help Me?
- Personal Injury No Win No Fee Claims
- Speak To Our Team
- More Information
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.
When making a claim, it’s important that you fully understand the personal injury claims time limit. In most cases, a 3-year limitation period will begin from the date of your accident. Or it can begin from the date of knowledge.
If someone is injured before they turn 18, the three-year time limit is frozen. This means that a litigation friend can claim for the child up until they turn 18. If a claim hasn’t already been made by the time the injured person turns 18, they have three years to make their own claim.
For free legal advice on claiming, please call and discuss your case today. Our advice centre is open 24-7 to allow you to call whenever is convenient for you.
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.
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.
Personal injury claims calculator
|Injury To:||Severity||Settlement Bracket||Extra guidance|
|Face||Significant||£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.|
|Neck||Minor||£4,350 to £7,890||This category is used to cover soft tissue injuries where full recovery happens in around 2-years without surgery.|
|Back||Severe||£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.|
|Shoulder||Minor||£2,450 to £4,350||Soft tissue damage where full recovery takes around a year.|
|Wrist||£6,080 to £10,350||Wrist fractures and other injuries that take longer to recover from than normal but in the end full recovery is made.|
|Leg||Simple||£9,110 to £14,840||Fractures of the femur without articular surface damage.|
|Knee||Moderate||£14,840 to £26,190||Torn meniscus or dislocation injuries that result in wasting, weakness, and / or future mild disability.|
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
After your injuries have been assessed, the next thing to consider is whether you have suffered any financial loss as a result of the injury. If you have, the special damages head of your claim may be able to cover this.
Special damages aim to put you in the financial position you were in before you were injured. Therefore, you could claim expenses and losses that were caused as a result of the accident provided you have proof such as bills, receipts and invoices.
Special Damages might include:
- Care costs. If you need to be looked after or require support with daily activities while you recover, you could include the cost of this. Generally, you’ll work out a rate for the time a relative or friend supported you. However, you may need to claim back any professional care fees if additional support is required.
- Medical costs. Whilst treatment on the NHS is free, there might be other medical costs that need to be claimed. This could include prescription costs, over the counter medication or treatment not offered by the NHS.
- Travel costs. Fuel, parking costs or public transport fares linked to medical appointments could all be included in your claim.
- Lost income. Should you need time away from work while you recover, you are likely to face a reduced income. If that’s the case, you could ask for the difference to be paid back.
- Future lost earnings. If your injuries are predicted to cause a long-term effect on your ability to work, you might need to claim for future lost income as well. This would be based on your current salary, age, job prospects and the predicted length of time you’ll be affected.
It is wise to check that these expenses can be claimed back before you make any payments. If you would like to find out more about what a personal injury compensation claim could cover, please get in touch.
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.
Car Accident Injury Claim Success Fee
Road traffic accidents (RTAs) happen daily across the UK. If you are injured in an RTA for which somebody else was responsible, you could make a compensation claim for any suffering caused. This could include head injuries, whiplash, broken bones, cuts and bruises, amongst other injuries.
Usually, claims will be made against the responsible driver’s insurance policy. However, if the defendant was not insured or cannot be traced, you could claim through the Motor Insurers’ Bureau (MIB).
If your claim is taken on by a No Win No Fee solicitor, you will only need to pay the success fee if your claim is won and you receive compensation.
Workplace Accident Injury Claim Success Fee
All employers owe their staff a duty of care to take all reasonably practicable steps to keep them safe in the workplace, according to the Health and Safety at Work etc. Act 1974. That means they need to regularly check the workplace for dangers and remove as many as possible.
To provide a suitable and safe working environment an employer may provide:
- Adequate training.
- Health and safety procedures explained.
- Properly maintained equipment.
- Sufficient Personal Protective Equipment (PPE).
- Rest breaks.
Importantly, employers must have insurance in place to cover such claims by law. Also, your employer can’t discriminate against or sack you for making workplace accident claims.
Again, if your claim is taken on, your No Win No Fee solicitor will be paid a success fee of up to 25% of your compensation if they win the case for you.
Please let us know about your workplace accident today and we can provide free claims advice.
Clinical Negligence Injury Claim Success Fee
Medical professionals have a legal duty of care to try and keep patients as safe as possible. Medical negligence can take place when a patient is subject to treatment that is below the standard it should be. As a consequence, the patient is harmed avoidably and wouldn’t have suffered this way had the treatment not been negligent.
Examples of scenarios that could be considered negligent include:
- An adverse reaction because someone gave you the incorrect medication.
- Suffering caused by delayed treatment due to a negligent misdiagnosis.
- Avoidable injuries during childbirth.
- Hospital-acquired infections.
- Surgical mistakes (this covers both medical and cosmetic procedures).
- Anaesthetic mistakes.
Medical negligence claims can differ from other injury claims. This is because a panel of peers will need to decide whether they would have acted in the same way as the defendant. If the panel of their peers agree that they would have acted the same, you wouldn’t be able to claim no matter how badly you were affected by your injuries.
Solicitors offering No Win No Fee terms for clinical negligence claims have part of their legal expenses covered by success fees if they win the case.
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.
The Law And Success Fees
As mentioned at the start of this guide, the way solicitors receive some of their payment was changed in 2013. For cases involving children, the success fee may be different. Therefore, in this section, we’ll explain what changes were made in more detail.
Before the introduction of the ”success fee,’ the defendant would pay all the costs to the opposing side. This meant the claimant kept 100% of their compensation. In 2013 the liability for the success fee changed from the defendant to the claimant. However, the winning side still gets other fees also paid to from the defendant.
As a result of the new law, solicitors now have the option of working on a No Win No Fee basis. This means they are paid for their work by deducting a success fee of up to 25% from any compensation awarded to the claimant.
How Could An Injury Solicitor Help Me?
So, what does a No Win No Fee personal injury solicitor do to earn the 25% success fee? Well, they will:
- Consult with you to understand how you have suffered because of your injuries.
- Collate evidence to support your claim and try to prove liability.
- Arrange for a local medical assessment to be conducted.
- Prepare and file your claim with the defendant or their insurer.
- Be on hand to resolve any queries you may have.
- Deal with the defendant’s legal team so you don’t need to.
- Counter any objections made against your claim.
- Try to achieve the highest amount of compensation possible for your suffering.
If you would like to find out if a specialist solicitor from our panel could help you, please reach out to us 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:
- Call our free legal advice centre on 0161 696 9685.
- Explain how you were injured and what you would like to claim for using our live chat feature.
- Complete our online enquiry form so that we can call you back.
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.
Thanks for visiting Advice.co.uk today. Hopefully, you now understand why the injury solicitors 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.
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