When you or somebody close to you sustains an injury or loss due to negligence or the lack of care by a third party, “no win, no fee” litigation provides a helpful option for those seeking compensation for their injuries. Since injury or loss can have far-reaching and detrimental effects on a person’s life, compensation provides a way to financially address them. Regardless of the type of injury that applies to your individual case — whether it is a traffic accident, work accident, or a case of medical negligence — no win, no fee litigation relieves you of the need to pay solicitors´ fees in the unfortunate event that you lose your claim; and, when you win, most or all of the costs associated with pursuing a claim through no win, no fee litigation can be recovered from the third party responsible for the injury.
However, it is worth taking the time to familiarise yourself with what you can expect with this popular legal arrangement either in the event that you win — or lose — your claim.
No Win, No Fee Litigation — When You Win
As implied by the term “no win, no fee”, the fee you would owe to a lawyer only becomes due when you win your claim through no win, no fee litigation. This fee is commonly known as a “success fee”, which is generally stipulated as a percentage amount added to the lawyer’s base legal fee. While this success fee may be retrieved from the losing party when you win your claim, you may want to ask any lawyer you are considering engaging with whether you would be liable for any ‘shortfall’ if the full amount of this success fee is not recovered. This concern is due to the fact that, legally, the defendant only has to pay up to an amount that is deemed reasonable for such fees, so that if a lawyer charges an amount that is considered excessive, you may be liable to pay the difference.
Therefore, it is always a good idea to ask about a lawyer’s success fee, and whether you would need to pay for any shortfall prior to proceeding with no win, no fee litigation with that particular lawyer. When you do this, you should also ask about the amount of compensation you would be eligible to receive for your injury, which an experienced personal injury lawyer should know once he evaluates the strength of your claim.
In addition, you might also be responsible for the costs of so-called disbursements, which are costs your lawyer may incur throughout the process of preparing and filing your claim for compensation. For example, these disbursement costs may apply when a lawyer orders medical records on your behalf, request expert assistance, or files a claim in court. While these disbursement costs are retrievable from the defending party when you win your case through no win, no fee litigation, your lawyer will likely advise you to take out insurance to protect you against any costs associated with losing your claim.
Discuss Your Potential Case with a Legal Expert
If you are considering no win, no fee litigation for an injury that has resulted from the negligence of a third party, you are encouraged to seek the assistance of a personal injury lawyer at your earliest possible opportunity to establish the strength of your case, as well as to determine the best route for pursuing the full amount of compensation you are entitled to receive for your injury. Please call our Freephone number or complete the form on this page to have an experienced lawyer return your call at a time that suits you. Your call to us is completely confidential, and you will not experience any pressure to proceed with no win, no fee litigation. We look forward to assisting you with free, impartial advice so that you can gain knowledge of everything you need to know for making a successful injury claim in the UK.
No Win, No Fee Litigation — When You Lose
In the unfortunate event that you lose your case through no win, no fee litigation, you will not owe your solicitor fees beyond the disbursement costs mentioned above. However, you may still be liable for the legal costs of the winning party, which may present a substantial financial risk to you.
To protect you against this risk, your lawyer will most likely recommend that you take out insurance to safeguard your interests — typically, this will be in the form of “after the event” insurance. This will be recommended if you do not already have an existing insurance policy that will cover you in the event that your no win, no fee litigation case is unsuccessful. In many cases, people are unaware of having existing insurance against legal costs that covers them against the risk of losing a personal injury case, and may not know that common insurance policies, like car or household insurance, will often suffice.
However, if you must take out a new insurance policy to protect your interests prior to commencing the process of no win, no fee litigation, you should know that this expense can also be retrieved from the defending party when you win your case through no win, no fee litigation.
Find Out if No Win, No Fee Litigation is Suitable for You
If you are suffering the consequences of an injury that resulted from the negligence of another party, you are invited to speak to a personal injury lawyer in respect of no win, no fee litigation at the earliest possible opportunity. Other methods of pursuing a personal injury claim in the UK may be more suitable for you than no win, no fee litigation, and one of our experienced personal injury lawyers will be happy to discuss your options with you.
There is no obligation on you to proceed with no win, no fee litigation once you have spoken with us, and all calls to our free injury claims advice service are naturally confidential. If now is not a good time to talk with us, kindly complete one of the call-back requests at the side of the page and one of our helpful team will get back in touch when it is more convenient.
This site is about UK medical negligence. Please visit medical negligence claims in Ireland for information about Irish claims.