In the UK making a no win no fee legal agreement with a solicitor is necessary if you wish to pursue a personal injury compensation case without having to pay out the high fees that lawyers will charge.
Legal aid is unlikely to be available for anyone claiming compensation after an accident at work or on the roads. Similarly any other type of personal injury compensation claim is highly unlikely to qualify for legal aid. Because of this claimants would have to pay legal costs in advance and would run the risk of losing that money if the claim was lost in court. To avoid this scenario most solicitors now offer to take personal injury cases on a conditional fee basis.
This is more popularly referred to as a no win, no fee legal agreement. This means if you lose your compensation claim, you will not be out any legal expenses. If you win your compensation claim, your solicitors fees are payable, though they are usually claimed from the people you are making the claim against.
Be warned, even though armed with a no win, no fee legal agreement, you may still face costs. You could be asked to purchase”after the event” insurance protection by your solicitor. This insures you against having to personally pay the opposition’s legal costs should your compensation claim fail. There is no compulsion to purchase “after the event” insurance, but it is wise to consult with your solicitor on the matter.
Even if you have a no win, no fee legal agreement, there could be still be other costs attached to your personal injury claim. You will still be liable to pay any medical and accident report expenses,court fees and any expert witness expenses. The expenses could be very large and are not covered by a conditional fee arrangement.
Always confirm with your solicitor, before signing any contracts, the expenses and fees that you will be liable for together with an estimated cost. Make sure that you check the terms of the contract very carefully as you may also be liable to pay fees if the case is dropped or if you refuse a settlement offer. The bottom line? Read the small print!
With a no win, no fee legal agreement you will not be out cash if you lose your case. If you win your solicitor is paid a success fee. This is often claimed from the losing side, but the court can rule the loser is not liable for the full amount of your legal fees. In such a case, the balance will come out of your compensation award.
Before you agree to use a solicitor before pursuing a personal claim, check out his success fee. If that compares badly with the compensation you hope to win then you should choose somebody else to represent you.
Different solicitors charge different sets of fess, so look around to find the best deal for you.
