No Win No Fee Claims

After an accident that wasn’t your fault, you’re entitled to justice. A No Win No Fee agreement makes this possible.

What is a No Win No Fee claim?

A No Win No Fee agreement is a kind of funding arrangement where your solicitor only receives payment for their services if you win your claim. If your claim is not successful, you don’t usually have to pay your solicitor a fee, hence the term ‘No Win No Fee’.

However, compliance with the terms of a No Win No Fee Agreement is essential. For example, if you do not co-operate with your solicitor, you cancel your claim outside of the 14 day cancellation period, you mislead your solicitor, or are found to have put forward a dishonest claim, then the protection afforded by a No Win No Fee agreement may be lost, meaning that you would have to pay all of your own and possibly your opponent's costs too.

With a No Win No Fee agreement there are no upfront costs, and the aim is to remove the worry and minimise any financial risk you face should you lose your case.

There are no surprise costs involved in a No Win No Fee claim with First4InjuryClaims. We will make you aware of all fees right at the beginning of the claims process, so you have all the knowledge you need to go ahead. These will be confirmed within our Welcome Pack containing the full terms of the No Win No Fee Agreement.

How does a No Win No Fee agreement work?

With a No Win No Fee agreement, your solicitor keeps a record of the time spent on the claim. If the claim is successful, then the solicitor can recover those costs from the other side, or a contribution towards those. Even though you do not receive monthly bills, you strictly owe the solicitor the time and money spent on the claim as to recover fees from the losing party the solicitor must be able to prove that you owe them money.

For this reason, our No Win No Fee agreement, uses terms such as ‘Paying us’ and hourly rates. We know this can be confusing, but it is legally correct. They key aspect is that the No Win No Fee Agreement protects you, providing that you comply with the terms and your responsibilities.

When you make a No Win No Fee claim, you’ll usually claim against the insurer of the party responsible for your accident. In a road traffic accident, for example, this will be the provider of the insurance policy for the driver who caused your accident. If we take your claim on, the First4InjuryClaims legal team will put your evidence together, then submit your claim. We’ll then negotiate with the responsible insurer to get you the compensation you’re entitled to.

When your claim is successful, you will be responsible to pay our basic charges, disbursements, and a success fee. You may receive a contribution from the other side’s insurers to our basic charges and disbursements. The success fee remains payable by you.

Whether or not the other side contribute to your legal fees, or not, your contribution to the basic charges, disbursements and success fee will be capped at a maximum of 35% of your compensation plus VAT, but the exact figure will depend on the type of accident you were in. If your claim is not successful, you won’t have to pay us anything, providing you comply with the terms of the agreement.

If you decide to take out an After The Event Insurance policy, you will pay the premium in addition to the contribution to your legal fees as the cost cannot be recovered from the other side. No upfront payment of the premium is required.

When coupled with your No Win No Fee agreement, the insurance will provide you with complete protection against any legal costs and disbursements in bringing your claim providing you comply with the terms and conditions, for example, ensuring that you continue to co-operate in your claim with First4InjuryClaims, do not bring a fraudulent claim or are found to be fundamentally dishonest.

What can I use No Win No Fee for?

In most cases, a No Win No Fee agreement is used for a personal injury claim. This is when you’ve been injured in an accident that was caused by someone else – either an individual or an organisation.

You can enter into a No Win No Fee agreement for claims including accidents at work, road traffic accidents, slips and falls and medical negligence.

If you have any questions about your accident and whether you can make a No Win No Fee claim, all you have to do is ask the expert team at First4InjuryClaims.

Do I have to pay anything if I lose?

In most instances, if the case is not successful, then there is nothing to pay and the claim is closed. However, there are a few exceptions, for example, if you are found to be fraudulent/dishonest in which the Court can order you to pay the other side’s legal costs and disbursements, such as Court or Counsel fees. Please remember if you have been fully honest, then there should be no concern.

Another situation, which causes risk, is there we receive an offer from the other side which you decide to reject, and then receive less at Court. In this instance, the other side’s costs will be deducted from your damages.

SRA guidance

If you are unsure about any aspect of the above information in relation to a No Win No Fee agreement, then please contact the team at First4InjuryClaims who will be happy to help. To assist further, we also enclose a link here to the Solicitors Regulations Authority’s (SRA) published guidance on No Win No Fee agreements. The SRA have provided a guide of what you need to know, to help you decide, if you are considering entering into a No Win No Fee agreement, with a firm such as First4InjuryClaims.

Is there a time limit for claims?

In most cases, you’ll have three years to make a No Win No Fee claim for a personal injury. It’s a good idea to start your claim as soon as possible to make sure we can submit it within the deadline.

There are some exceptions to the rule, though. If you’re claiming on behalf of an injured child, you’ll be able to do so at any point until their 18th birthday. From that date, they will then have three years to start their own claim for what happened to them.

And if you’re claiming on behalf of someone who lacks the capacity to claim for themselves, you won’t face any deadline unless they regain capacity.

If you have any questions about whether you can make a compensation claim, just ask. The First4InjuryClaims team are here to give you all the information you need to go ahead confidently.

How much compensation will I receive?

It’s difficult to say exactly what you might be entitled to for an accident. You’ll receive different amounts for different injuries.

For example, broken ribs that last a few weeks could see you awarded up to £4,820, but an accident causing paraplegia could mean you receive up to £346,890.

The law around compensation for whiplash changed in May 2021, so you’ll now receive different amounts. A whiplash injury lasting up to three months will be awarded £240, while the same injury lasting up to two years will receive £4,215.

You could also claim for things you spend money on as a result of your injury. These are called special damages and can include things like:

  • Cost of care, if necessary
  • Medical expenses – including medication or treatment, like physiotherapy
  • Repairing or replacing personal belongings that were damaged in the accident
  • Transport costs

Don’t hesitate to ask if you’re not sure what you could be entitled to in compensation. We’re here to help clear things up.