Personal Injury No Win No Fee
The first matter to consider about a personal injury “no win, no fee” agreement is that it is one of the legal means to pursue an injury claim. As every other kind of legal arrangement for making an injury claim, it entails pursuing compensation for an injury or loss that is due to the negligence of a third party — whether wholly or partly attributed to them. Below, we look at the basics of a personal injury no win, no fee arrangement, as well as how it would affect you if you were to either win or lose your case.
When You Win a Personal Injury No Win, No Fee Claim
The most attractive part of a personal injury no win, no fee agreement is that you only owe legal fees if you win your injury compensation claim — and these fees can usually be claimed by your solicitor directly from the negligent party. This leaves you with the full amount of compensation settlement you receive for your injury claim.
You may still be responsible for disbursement costs, however — i.e. costs your solicitor must pay in the process of preparing and filing your injury claim — which can also be claimed from the other party if you win your personal injury no win, no fee case.
When you win your case, your solicitor may include a so-called “success fee” in their claim, which is usually a percentage amount added the solicitor’s base legal fees. While this can also be recovered from the negligent party, it is to your advantage to know the success fee amount of a solicitor you are considering engaging with in a personal injury no win, no fee agreement. This is especially relevant when you consider that the losing party is only responsible for an amount that is deemed reasonable by the courts, so that you may be required to pay the difference if the fees are considered to be excessive. At the same time, you will want to ask about the amount of compensation you may be entitled to receive for your injury, and then weigh it against any costs associated with pursuing your personal injury, no win no fee claim. For this, you will need the assistance of personal injury solicitor.
Time Limitations for Personal Injury No Win, No Fee Claims
Another important matter to consider about proceeding with no win, no fee injury claims is that there is a time limitation for pursuing them; by law, they should be entered into court or settled within 3 years from date in which you first became aware of having suffered an injury or loss - also known as ‘date of knowledge’.
Losing a Personal Injury No Win, No Fee Claim
If you should lose your personal injury no win, no fee injury claim you will not have to pay legal fees to your solicitor, save for any disbursement costs mentioned above. However, you will still be responsible for the legal costs of the defending party. To protect your interests against this potential financial liability — which may be considerable — you will be advised to take out insurance against loss if you do not already have car or household insurance which covers you for legal expenses in the event of such an outcome.
Contact an Experienced Solicitor
To learn whether a personal injury no win, no fee agreement would be suitable for your situation, we highly recommend that you speak to an experienced personal injury solicitor about the circumstances surrounding your injury.
After an initial assessmnet, you will receive an evaluation of your potential case, an estimate of how much compensation you may be entitled to receive and answers to your questions about proceeding with a personal injury no win, no fee agreement — if that is the option you decide on. To contact our advice service, please call our freephone number, or fill out the form on this page to have your call returned at a time that is convenient for you. Your call to us is confidential, and without any obligation to proceed with a personal injury no win, no fee claim.
Compensation for a Personal Injury No Win, No Fee Claim
Like most people who are suffering the consequences of an injury for which they are not to blame, you may be wondering about the compensation you are entitled to receive when you make a personal injury no win, no fee claim. In answer to this question, any compensation for a personal injury no win, no fee claim is made on the basis of pain and suffering (both physical and psychological); actual financial losses resulting from the injury (both presently and in the future); the degree of negligence attributed to the defending party, and the amount that has been previously awarded for similar cases.
These are the basis for compensation awards for injury claims — regardless of whether you choose to enter into a personal injury no win, no fee agreement or any alternative option of making a claim.
Furthermore, there may be grounds for your chosen solicitor to include compensation for “loss of amenity” in your personal injury no win, no fee injury claim to account for a decline in quality of life since the injury took place. This can be further explained when you personally speak with an experienced solicitor.
The Process of Personal Injury No Win, No Fee
To begin a personal injury no win, no fee injury claim, your solicitor must submit a claim letter on your behalf to the defendant’s insurance policy provider (who now legally acts as the defendant). This letter should state the basis of your injury claim as well as the compensation you are pursuing.
The defendant is then given three months to respond by either accepting or denying liability for the injury, and to contest or approve the assessment of damages (compensation) for the injury. An offer of settlement may be made at this time, which is known as a ‘Part 36’ offer — which you can either accept or contest for a higher amount.
While most personal injury no win, no fee claims are settled out of court, sometimes the defendant and the claimant (you, as the person making the claim) are not able to agree on an appropriate settlement. Should this be the case for your situation, your solicitor will have fully prepared you by the time you are given a timetable for court hearings to settle the matter with the assistance of the court.
Finally, it is crucial that you seek prompt medical attention after an accident or injury has occurred. To substantiate your personal injury claim — whether or not it is a personal injury no win, no fee claim — you will need medical records that attest to the severity of your injury and track your recovery.
To learn more about the process of making a personal injury no win, no fee claim, please call our freephone advice service, or complete our contact form. This will enable you to speak directly with an experienced specialist personal injury solicitor who will provide you with accurate and impartial advice relevant to your personal circumstances.