scales of justice

What does no win no fee claim mean?

From accidents at work to slips, trips, falls, data breaches, holiday sickness, and medical negligence, if any of these have happened to you, you could be entitled to compensation.

However, when it comes to making injury claims you may be concerned that you don’t have the required finances. This is where no win no fee comes into play.

We’ve all heard of no win no fee and we’ve all seen the adverts, but what is a no win no fee claim? Below, you’ll find everything you need to know about the world of no win no fee injury claims.

What is a no win no fee?

Also known as a ‘conditional fee agreement’ in legal terms, a no win no fee claim is an agreement made between you and your injury solicitor. If your solicitor is willing to take your case on this basis it means you won’t pay solicitor fees.

This means you won’t pay any upfront costs and the service they provide, alongside all legal aspects of your situation, are covered by the solicitor or law firm. However, as the solicitor is taking a risk with your case, you will be expected to pay a ‘success fee’ if the case is won. This can vary from business to business and will be established in initial talks with your solicitor or law firm.

You can use no win no fee for several injury claims, such as:

  • Accidents at work
  • Injuries sustained aboard
  • Road traffic accidents
  • Illness claims
  • Faulty product claims
  • Military accidents
  • Sexual and physical abuse claims
  • Industrial disease
  • Data breach claims
  • Medical negligence claims
  • Landlord negligence claims

The benefits of a no win no fee claim

From complicated to straight forward claims, entering into the world of a legal dispute can become costly. A no win no fee claim can help those that don’t necessarily have the means to take on employers, landlords, and big businesses.

While you may feel a little weary of a no win no fee claim, after all, you’re getting a usually expensive service for nothing, there is a range of benefits no win no fee can bring. These include:

  • Wider access – this is the biggest benefit of no win no fee claims; they’re available to all. From medical injuries to accidents while shopping, these can happen to anyone and this system has made personal injury claims fully accessible.
  • Quicker process – as legal disputes can be costly, saving to hire a solicitor can take a long time. In the case of medical negligence claims, there is a three-year limit in which you can claim, meaning opting for no win no fee will allow you to pursue the claim much quicker. Also, with no win no fee, other organisations are more likely to settle out of the courtroom, speeding up the overall process.
  • Less stress – coping with an injury or illness that wasn’t your fault can be stressful, but so can the legal dispute. While money worries will play a big part in the added stress, the use of a no win no fee solicitor will remove this. This means you won’t have to worry about haemorrhaging money during the whole process.

No win no fee and 100% compensation

Something else you may have heard of is ‘100% compensation’, however, this is completely different to no win no fee. Therefore, you need to understand the difference between the two concepts.

No win no fee is just that. If you don’t win, you won’t have to pay anything to the solicitor. If you do win, you’ll pay the previously mentioned ‘success fee’, which will be a percentage of the compensation you’re awarded.

On the other hand, ‘100% compensation’ means you’ll receive the full amount of the compensation you’re entitled to. This is where your solicitor claims their fee from the losing party. However, since a change in the law in April 2013, many solicitors can no longer claim their ‘success fee’ from the losing party. Therefore, if you are not offered a 100% compensation clause, you’ll pay the agreed ‘success fee’ if you win.

It’s important to remember that if you don’t win, you’ll be no worse off than when you began the process.

No win no free in England, Scotland, and Wales

As with other legal terms, there is a slight variation in no win no fee claims in England, Scotland, and Wales, which is important to know, depending on where you’re making your claim.

In England and Wales, several solicitors still offer no win no fee claims with 100% compensation claims. 

In Scotland, however, the rules are slightly different, where conditional fee agreements are more common and can be up to 30% of your compensation win.

If you feel like you may be entitled to compensation, whether it’s for a slip, trip, fall, medical negligence or something else, Treadstone Law can help.

From straight forward claims to the more complicated ones, we offer no win no fee to ensure you get what you’re entitled to. To find out if you have a claim and how we can help, get in touch today. Full terms and conditions apply.

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