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.
The option of legal aid is unlikely to be available to those claiming personal injury compensation following a road accident or injury suffered at work. In fact legal aid is not applicable in any personal injury claim. This means the claimant runs a real risk of having to spend a large amount of money to launch the claim, then lose it if he is unsuccessful. However, the claimant can be protected against potential financial loss by pursuing his personal injury case on what is known as a conditional fee basis.
More widely known as no win no fee legal agreements they basically mean that should you lose your case than you will not have to pay any solicitors costs. If the case is won than you will have to pay your solicitors fees though, in reality, those costs are usually claimed back from the other side.
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.
So it is advisable to confirm with your solicitor what fees and expenses they are likely to be, as well as an estimation of costs before signing any no win, no fee legal agreement. It is also important to check the fine details of the contract to see if you will have to pay out should the case be dropped or you refuse a settlement. In short, read the small print very carefully.
If the case is lost than you will not be liable for any solicitors fees. If the case is won than you will pay your solicitor a success fee. This fee is usually recovered from the losing side but the court can sometimes decide that the loser should not be liable for the full cost of your solicitors fees. In this event you will have to make up the shortfall yourself from 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.
Solicitors all charge different fees, so it is better to look for the one whose success fee is reasonable.
How To Claim Compensation UK is an independent Internet resource with information for anyone looking to claim compensation for legal, medical or professional negligence. Visit the site for free information on how to file a claim, how to find a good compensation solicitor and advice on taking a claim forward
