| Many solicitors offer their services with a 'no win, no fee' clause attached. It sounds very attractive; a solicitor takes on your case and (win or lose) you appear to pay absolutely nothing. But is this really the case? Will a solicitor actually go to all the effort of researching a case and representing you in court for free? Surely the solicitor needs to get paid. And what happens if you lose? Do you need to pay your opponent's costs? Whether you are entering into a case and need to know the answers to such questions, or you are simply curious, here's how 'no win, no fee' solicitors work in plain English.
The first thing that needs to be made clear is that your solicitor isn’t really going to be working for free; of course they get paid. However, their fee comes from insurance pay outs and not from your own pocket or from the money you are awarded if your claim is successful. If you win the case then your solicitor will recover his fee from your opponent's insurance company. If you lose, 'no win, no fee' solicitors will take out 'after-the-event' insurance which will also cover their fee. This means that no matter what, your solicitor will get paid. Consequently, you won't have to pay any solicitor's fees, no matter what the outcome. This is clearly reassuring and makes pursuing a claim simple and safe.
Another question commonly asked is whether you will have to pay the opponent's legal fees if you lose. The simple answer is no. The 'after-the-event' insurance, which pays your solicitor's fees, will also cover the cost of your opponent's solicitors. This insurance will also cover other expenses that would normally be accrued such as court fees and fees for the drawing up of reports. In fact this insurance will cover all costs, and you will walk away paying out nothing at all. In non 'no win, no fee' claims this isn't the case and you can end up paying a small fortune.
If you do win any compensation, the amount you are awarded is yours. You will receive 100% of the amount. In cases that aren't 'no win, no fee' an amount may be taken from the compensation award to pay for the solicitor and other fees. This is often called a 'success fee' and can be up to 40% of the amount awarded, which is a considerable percentage of the total. With 'no win, no fee' claims lawyers although there is often a 'success fee' charged it is again usually recovered from the other driver's insurance company.
The existence of 'No win, no fee' solicitors mean that making a claim is easier than ever before. Although many people fear that the UK may evolve a 'claims culture' similar to that found in the US, this isn't necessarily the case. In genuine cases compensation should be awarded. It is also vital to claim so that companies with health and safety responsibilities are fulfilling their obligations. With cases being effectively free, people can make claims in cases where they wouldn't have been able to in the past. If you suffer an injury then approach a personal injury claims company for more information.
1stclaims is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience.For further information, please visit http://www.1stclaims.co.uk |
