PERSONAL INJURY CLAIMS
Frequently Asked Questions
You are welcome to use NoWinNoFeeSolicitors.co.uk to find a solicitor or law firm near you to act for you on a No Win No Fee basis. You may wish to go through our FAQs below - but please bear in mind that this is only a very general guide. A "No Win No Fee" agreement (usually in the form of a Law Society's Conditional Fee Agreement (CFA)), could vary from solicitor to solicitor. For example, some solicitors have funds in place to pay for disbursements, others require the client to pay for these (which could be claimed back from your opponent when the case is won), some solicitors are able to return 100% of your compensation, some make a deduction. We suggest you print out a copy of this FAQs and obtain satisfactory answers from at least 3 or 4 solicitors before instructing one to act for you. And remember, you do not have to choose a solicitor near you - in most cases, the solicitor would be able to deal with everything by correspondence and over the telephone. Always read and understand exactly what is covered by your solicitor's CFA before giving your instructions.
FAQs
Why should I use a solicitor?
You should only instruct a solicitor. And with nowinnofeesolicitors.co.uk it is easy to locate a "No Win No Fee" solicitor.
All solicitors practising in England and Wales are regulated by The Law Society, and their regulations require your solicitor to:
- always act in your best interests, subject only to their duty to the Court,
- explain to you the risks and benefits of taking legal action,
- give you the best advice about whether to accept or reject any offer of settlement,
- give you the best information possible about any likely costs in connection with making your claim for damages.
All solicitors are required by The Law Society to have Professional Indemnity Insurance to protect their clients.
Only a solicitor can issue court proceedings and brief a barrister on your behalf.
What is meant by no win no fee?
This is an important question to get clarified before you instruct a solicitor - mainly because there are many variations of a "no win no fee" service. It could mean quite literally "no win, no fee" - which means if you win there is a fee to be paid, or it could mean "no fee, win or lose". This is because the phrase "no win no win" is usually substituted for the Law Society's Conditional Fee Agreement (CFA) - a document which, while it must comply with certain conditions laid down by Regulation 4 of The Conditional Fee Regulation 2000, a CFA allows the solicitor to agree to return 100% of a client's compensation (making it a FREE service for the client) to one that allows the solicitor to deduct a substantial percentage of the client's compensation.
Will I get 100% of my compensation?
This is another important question to ask your solicitor. Depending on the type of claim - some solicitors are able to return 100% of your compensation, while others would make a deduction. Again, have the CFA explained to you in plain English before you sign it!
What are disbursements?
Disbursements are the payments that your solicitor make to other people on your behalf in the course of pursuing and proving the value of your claim. These may include Court fees, police reports, medical report fees, expert fees and the fees of a barrister employed to advise and assist with your case.
Do I have to pay disbursements with a no win no fee agreement?
Again this varies from solicitor to solicitor - some have funding in place to pay for these disbursements while others would require you to pay for disbursements yourself as and when required. In this case the solicitor would normally advise that they "would claim these costs back from your opponents when the claim is won". Please bear in mind that your solicitors might not be able to claim all disbursement costs back from the third party - which usually means you end up paying.
Are there any costs for me to pay if the claim is unsuccessful?
This again is usually set out in the CFA, but you may wish to get the solicitor to translate this into plain English for you! Some CFAs stipulate that only the solicitor's fees are conditional upon success - which means that the client will have to pay the costs of all disbursements if a claim fails. And the cost of disbursements could be substantial - might even add up to more than the solicitor's fees, especially in a case involving several medical reports, expert witnesses and barrister's fees!
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