No Win No Fee - Frequently Asked Questions
At our initial free consultation, we will discuss your specific options as to how you might be able to fund your claim. Most people will use a “No Win No Fee” agreement to fund their case, but you might already have legal cover (through legal expenses insurance on your home/car insurance, or through being a member of a trade union). We will ensure that you fully understand your options so that you can make a fully informed decision as to how you wish to proceed. There will be no hidden charges.
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What is “No Win No Fee”?
This is a written agreement between you and your Solicitor, otherwise known as a Conditional Fee Agreement, whereby legal fees and expenses only become payable in certain circumstances.
If the case is unsuccessful, you are not asked to pay any legal fees to your Solicitor or opponent.
There is no requirement to pay for any fees or expenses up front or as the case progresses.
This enables you to pursue your claim with no financial risk.
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How and What are you paid in a “No Win No Fee” case and how does it work?
Your lawyer will charge an hourly rate for his/her time spent on your case. VAT is charged on top of the hourly rate. Some expenses will have to be incurred by your lawyer as your case progresses, such as for a specialist doctor to provide a medical report, or to the police to provide a police report or a fee to the Court or other expenses.
When you are successful, the majority of the legal costs, VAT and expenses incurred, will be recovered from the person or insurer responsible for paying you the compensation. You will however have to pay some of your lawyer’s fees at the end of your case and in addition there is a success fee payable on top.
The success fee reflects the risk that the lawyer has incurred as a result of only being paid if the case is successful. Since April 2013 you will not be able to claim back the success fee from the losing party.
Any unrecovered legal costs, VAT and expenses and your success fee will be deducted from your compensation (damages) if your case is successful. The percentage deducted from your compensation will not however exceed 25% of your damages, excluding those calculated to pay for your future needs.
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What is Insurance Protection for?
Some people have the benefit of an insurance policy to cover them in the event they need to pursue a case for compensation. We will check whether you already have suitable insurance protection which covers your claim and any expenses that would need to be incurred on your behalf.
If you do not have suitable insurance protection already in place, we will arrange suitable insurance protection for you.
This will pay for any expenses that have been incurred on your behalf in case you are unsuccessful. This ensures that you will not be asked to pay for any expenses personally if you lose your case.
The cost of the insurance premium may also be deducted from your financial award if your claim is successful but you will not be asked to pay any insurance premium up front or out of your own pocket.