By Danielle Graves. Last Updated 20th July 2023. In this online guide, we cover what a No Win No Fee claim is, and look at the maximum level of compensation, expressed as a percentage, that you could expect to pay your solicitor if the claim is successful.
If you have questions, you can get answers by speaking to one of our advisers. You can contact them on 0161 696 9685. They can provide other useful information as well, such as the personal injury claims time limit that could apply to your case. You may also like to talk over the amount of compensation you could be awarded, as we have not included a personal injury claims compensation table on this page.
Jump To A Section:
- What Is A No Win No Fee Claim?
- What Changes Have Happened To No Win No Fee – Can 100% Of The Compensation Be Retained?
- What Are The Different Compensation Claim Funding Models?
- How Do 100% Compensation Models Work?
- No Win No Fee Hidden Costs – What Happens If Your Claim Is Not Successful?
- What Happens If Your Claim Is Successful And You Are Awarded Compensation?
- Compensation Payouts in No Win No Fee Claims
- Analysing No Win No Fee Agreements
- Who Are Legal Helpline?
- Talk About Your No Win No Fee Claim With Legal Helpline
- Resources And References
In this section, explain what a No Win No Fee claim entails, and answer the question, how much do No Win No Fee solicitors take? The formal name for this kind of arrangement is a Conditional Fee Agreement (CFA). The name speaks for itself:
- Conditional – the legal fee will only be paid once certain conditions are met which is when the claim is won
- Fee – the money the personal injury lawyer would expect to be paid having processed a successful personal injury claim
- Agreement – a legally binding contract for services rendered by a No Win No Fee solicitor
This means that the solicitor won’t expect you to pay any kind of new claims fee to start working on your claim. They will also never ask you to pay any ongoing fees while they are processing your claim either. And if your claim fails, you still pay nothing because the ‘success fee’ would be waived.
The only time the lawyer would expect to be paid, is when they have received a compensation payment for you. They will then deduct their pre-agreed fee from this money and give you the remainder. The fee is a percentage of the overall amount of compensation you are awarded. So, the amount that a solicitor would charge depends on the percentage you negotiated with them when signing a No Win No Fee agreement with them.
How Long Do I Have To Make A Personal Injury Claim With A No Win No Fee Solicitor?
If you are eligible to seek compensation with a No Win No Fee solicitor, the claiming process must be started within the personal injury claims time limit. That means that you must give your solicitor enough time to initiate proceedings before the time limit expires.
The Limitation Act 1980 generally gives injured parties three years to start their claim from the date of the incident. However, in certain circumstances, there are exceptions to this time limit. These include:
- Those who lack the mental capacity to make their own claim. These parties will have an indefinite suspension applied to the time limit. During this time, a court-appointed litigation friend can act on their behalf. However, if they regain this capacity and a claim was not made for them, they will have three years from the date they recovered to start the claiming process.
- Those under the age of 18. In these cases, the time limit is paused until the injured party turns 18. A litigation friend can be appointed to act on their behalf at any point prior to this date. However, if they turn 18 and a claim was not made for them, they will have three years from the date of their 18th birthday to start legal proceedings.
Solicitors working on the basis of No Win No Fee for a claim may reject it if it is too close to the limitation period expiring. Please get in touch with one of our advisors for more information about time limits.
In order to understand how these CFA claims are made, and how personal injury claims law affects a ‘success fee’ the solicitor is allowed to charge, you need to know about recent changes to the law:
- When a claim is successful, the defendant no longer pays the claimant’s solicitor success fee
- It is no longer lawful for a legal firm to pay for referrals. What this means, is that claims management companies are no longer paid to refer claims to a lawyer
- The term No Win No Fee doesn’t always mean you will never be charged anything if your claim isn’t a success. There can still be hidden costs which is why it is crucial that you read a Conditional Fee Agreement thoroughly
- Legal firms are limited to charging no more than 25% of the overall compensation the claimant is awarded
As you can see, when we say No Win No Fee, there are certain caveats. Each claim is different and talking through your claim with an adviser is a good way to learn about any potential hidden costs should there be any at all.
Before we can answer the question, what percentage do solicitors take as a No Win No Fee? We need to examine how a claim is traditionally filed. Before solicitors began offering claimants Conditional Fee Agreements, the claimant would have to fund all the costs of making a personal injury claim themselves.
The claimant would pay the solicitor’s fees, as well as any court costs in order to be able to pursue a claim against a responsible party. If the claim was unsuccessful, the claimant would lose all the fees they had paid, both the retainer (upfront fee) and any ongoing fees charged as a personal injury claim progressed. However, if the claim was a success, they would receive 100% of the compensation they are awarded whether through a court or in an out of court settlement.
Under a CFA structure, many of these financial risks are mitigated, as they are taken on by a No Win No Fee personal injury lawyer. If the claim is unsuccessful, your lawyer doesn’t get paid for the work they have done for you, and you pay nothing for the legal services they provided. If your personal injury claim is successful, the lawyer could take up to but no more than 25% of the total amount of compensation as their fee. This percentage will be agreed upon before the solicitor starts working on the claim when you enter into a No Win No Fee agreement with them.
To answer the question, is it possible to keep 100% of your compensation? The answer Is that under a very specific 100% compensation model, you may be able to. However, this sounds too good to be true, so is it?
The way legal firms that offer 100% compensation work, is that their legal fees are offset by being paid by the defendant’s insurance firm. For example, a person injured in a road accident makes a claim against a third party, and the insurance company that is ordered to pay compensation to the claimant also pays the legal fees of the solicitor who represented the claimant.
If this sounds like a less than optimal situation to you, the answer is that it often could be. The fee the lawyer is paid is restricted to the amount the defendant’s insurer will pay. Therefore, the claimant’s solicitor may not do all they can to ensure the claimant wins their claim and receives the maximum level of compensation they could be entitled to receive.
100 percent compensation solicitors
You may be wondering whether you could use No Win No Fee solicitors and keep 100 percent of your compensation. Generally, though, a 25% success fee will be taken from your compensation following a successful claim.
However, if you choose to work with a solicitor from our panel on a No Win No Fee basis, they may be able to offer you a discounted rate. If you get in touch with our team on the number above, they can discuss this with you in more detail.
Our panel of solicitors offer a No Win No Fee agreement. If you sign an agreement such as No Win No Fee, hidden costs that may be present in other forms of funding could be avoided. Solicitors will only charge a small percentage of your compensation for legal fees if they win your claim. This is capped at 25% of your award. If you compare No Win No Fee solicitors, you may find that our panel of solicitors sometimes charge less than the allowed maximum capped by law.
If your claim is successful, you may not be able to keep 100 percent of your compensation. No Win No Fee agreements, however, being capped by law, do mean that you can likely keep the majority of your payout.
If you negotiate a contract with a solicitor which states a percentage of your compensation as the fee, their overall fee may not include certain expenses. If they win the claim on your behalf, some expenses may be deducted alongside the solicitor’s fees.
If you lose your No Win No Fee claim You may still need to pay some costs, which may include:
- The cost of a medical examination and/or medical reports
- Any court fees that apply
- Other disbursements that are not rolled into the solicitor’s fee
If you are considering using a No Win No Fee solicitor, it may be worth checking to see if our panel of solicitors can work on your behalf.
Once a solicitor begins processing your claim, they will continue until a resolution is reached. This could be a failure which means your claim is unsuccessful, or it could result in a positive outcome when either an out of court settlement is agreed, or a court decision awards you compensation.
When this happens, your solicitor would receive a compensation payment on your behalf. You don’t receive the payment because it is handled by your legal team. At this stage, the solicitor would automatically deduct their pre-agreed percentage of the compensation you were awarded. The solicitor will also deduct any other costs such as those covered in the previous section, if applicable. Once this is done, they would then give you the remainder of the money you were awarded.
A No Win No Fee arrangement, such as a Conditional Fee Agreement, is an option you can choose to help fund your legal representation. Compensation payouts in No Win No Fee claims are decided on a case-by-case basis. Several factors will be taken into consideration such as the severity and impact of your injuries. The list below includes injuries and corresponding compensation bracket amounts from the Judicial College Guidelines. The figures are from the most recent April 2022 version.
|Not Amputated but arm is as good as lost.
|£96,160 to £130,930
|damage to discs in the cervical spine
|£65,740 to £130,930
|(b) Traumatic injury to chest
|£65,740 to £100,670
|Post-Traumatic Stress Disorder
|£59,860 to £100,670
|disruption of the joint.
|£69,730 to £96,210
|nerve root damage . loss of sensation
|£74,160 to £88,430
damage to the brachial plexus
|£19,200 to £48,030
|complete loss of function in the wrist
|£47,620 to £59,860
| ligamentous tears.
|£13,740 to £26,590
|Effects can be reduced by plastic surgery
|£9,110 to £30,090
A No Win No Fee agreement could help you as a way to fund legal representation for your claim. One benefit of a No Win No Fee agreement is that you generally don’t have to pay anything upfront for your solicitor’s services.
You may ask, “if I use No Win No Fee, will 100 percent of the compensation be awarded to me?”. If the case succeeds, you will be required to pay a success fee to your solicitor. The success fee has a legal percentage cap and is deducted from your compensation.
Also, you may wonder, “are there any No Win No Fee hidden costs?”. The terms and conditions of funding legal representation will all be found in the No Win No Fee agreement you sign. A Conditional Fee Agreement is a popular kind of No Win No Fee agreement.
When considering how to compare No Win No Fee solicitors to find the best one for you, such factors as a lawyer’s credibility, their previous success rate and any specialities related to your injuries can be important. The solicitors on our panel could offer you a Conditional Fee Agreement and specialise in many areas of civil claims. Get in touch today to find out more.
No Win No Fee hidden costs
You may be wondering if there are any hidden costs with No Win No Fee agreements such as a CFA. However, you will sign an agreement with your solicitor prior to them beginning work on your claim. This agreement will outline the fees involved and what they cover. For instance, if your claim is successful, you will need to pay a success fee from your compensation. However, this is subject to a legal cap.
Legal Helpline is a claims management company. We assist claimants by providing them with legal help and advice. We organise a No Win No Fee solicitor to process a claim on behalf of claimants who seek compensation from responsible parties. We specialise in accident and injury claims, and can help you get the compensation you could be entitled to.
We understand you might have questions about the claims process or the service we offer as such, we have developed a very simple and straightforward, three-step new claims process which is as follows:
- Call our team on the number at the top of the page. You can have your questions answered, and we will explain anything you need to know
- An adviser will evaluate your claim, and let you know whether they think you have a potentially valid claim or not. You will also be provided with any key information that relates to your claim, such as the time limit that may apply to your case
- An accident and injury lawyer who specialises in this type of claim will begin processing your case. They will do all they can to ensure it is a success, and that you are awarded the maximum level of compensation possible
This is all you need to do to get your claim underway. We are always available to answer questions about your claim, and update you on what we have been doing for you while your claim is being processed. Simply call our team today.
Our advisors are available to answer your questions on receiving No Win No Fee compensation. Following a free consultation of your personal injury claim, our advisors may be able to connect you with a lawyer from our panel. Whether you have suffered from medical negligence or an accident at work, a No Win No Fee lawyer could help claim.
To check your eligibility to work with an injury lawyer on a No Win No Fee basis, all you have to do is:
- Complete a contact form and we’ll be in touch with you
- Call us for free on 0161 696 9685
- Use our live chat service at the bottom right corner of your screen
These external pages have more information that you could find useful:
You might like to take a look over these other guides we have published elsewhere on this site:
Article by MW