How does no win no fee work?
We assess your case and advise you if we think you will win, in which case we will offer to pursue the claim for you.
We will enter into a No Win No Fee agreement (Conditional Fee Agreement) with you. This means our legal fees will be charged to the opponent at the end of the case and only if you win.
For more details or if you have any questions please ask a No Win No Fee Solicitor in our Personal Injury team.
If your case is successful
- You are paid compensation by your opponent
- Your legal fees are paid by your opponent
Do I need to take out insurance?
You will usually need to take out “After the Event” Insurance to cover your liability to pay the opponent’s legal costs should you lose your case, unless you already have insurance with legal cover.
The premium on the policy we recommend is only payable if you win and then it is recovered from the opponent, so again you will be protected from having to pay this expense yourself.
What costs might I have to incur?
It will be necessary for you to incur the cost of medical records, medical expert reports, court fees and other expenses. We will usually pay these on your behalf.
These costs will be recovered from your opponent if you win your case and will be paid by the insurance policy if you do not, so once more you enjoy costs protection.
No Win No Fee should mean what it says
Many law firms and claims management companies claim to be No Win No Fee solicitors. However some charge you hidden fees or a cut of your compensation. These activities have given No Win No Fee Arrangements a bad reputation which is a shame because if operated properly No Win No Fee arrangements enable ordinary people to afford access to justice without the worry of being saddled with unaffordable legal bills and other costs.
No Win No Fee is an access to justice success story
The lawyer bears the risk because he does not get paid unless the case succeeds.
So the lawyer is entitled to a success fee, chargeable to opponents in winning cases to compensate for lost cases, when the lawyer does not get paid.
The Threat to No Win No Fee
Defendants and their insurers do not like having to meet these additional costs and the insurance industry has lobbied hard for a change in the law.
In January 2010 Lord Justice Jackson published a report on costs in the civil justice system. Jackson recommended that insurance policy premiums and success fees should no longer be charged to defendants. Instead these costs should be paid by the winning claimant himself from their compensation.
Osbornes Solicitors and other groups that represent injured claimants strongly oppose Jackson’s recommendations. However, the Government is now implementing many of the changes proposed by Jackson, which means that from 2012 or 2013 accident victims may have to contribute towards their costs from their compensation.
What you should do next?
To speak with us on a confidential basis about your personal injury contact us now by:
You will be put through to a member of our personal injury team who will speak to you in more detail about all aspects of your claim and let you know what documents you may need to provide to move forward in your claim, should you decide to proceed.