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| No Win, No Fee? Clarify that for me ... |
Have you just come on to the web after seeing a television advert with huge cheques and big "no risk to you" type slogans? Did you read the small print going across the bottom of the screen? Well, just in case you wanted to make sure before diving head-first into a personal injury lawsuit here is a run down of the commonly used advertising terms for personal injury claims and what they might actually be referring to.
The two most common phrases you'll hear on TV or see in adverts regarding personal injury claims are "no win, no fee" and "100% compensation". These are two completely separate concepts and both are not always available depending on your local legal procedures and/or your claim type. 'Don't the adverts say they give every case no win no fee and 100% compensation?' ... Yes, every case they actually take on. If your case cannot be run on no win no fee, or they cannot offer you a 100% compensation agreement, then they won't take your case to begin with. To save yourself some time when responding to an advert you see on TV or in the Local Newspaper ask the person you are calling upfront whether they actually take on your claim type otherwise you could be handing over all your personal details for no reason. Most adverts will have small print, as do most websites, at the bottom saying which case types they do not accept and/or which ones do not qualify for their offer of no fees or 100% compensation guarantees.
We should all know by now to read the small print of every agreement that is placed under our noses. All we get from the salesman when we agree to buy something is 'great, just sign here' ... not 'great, now let me go over the terms and conditions with you' - which is how it should be. Generally, solicitors will always make you aware of the terms and conditions of their arrangement with you. This is because they have a lot to lose should you argue with the terms and conditions later. Unfortunately many claims handlers or middle-men, whether third party or directly employed by a solicitors firm, are not always as forthcoming with the intricate details as they need you to sign the dotted line before they will get paid.
Depending on the type of case, the amount of money and even where you live in the UK the solicitor may get you to enter in to a 'conditional fee arrangement' or require you to purchase an insurance policy to cover legal costs should you lose. 'Conditional fee arrangements' can take up to 30% of your compensation and legal insurance policies range from £200-£900 and are sometimes payable upfront. This sounds scary but most of these after-the-event legal insurance polices are 'self-underwritten' which means that if the case loses you will not have to pay the cost of the insurance policy either. In either case though, the statement of no win, no fees is accurate as the final state of affairs will be that if the solicitor does not win your case then you DO NO HAVE TO PAY ANYTHING.
The phrase ' no win, no fee' is generally associated with the notion that if you lose you don't have to pay a penny and if you win you will receive 100% of your compensation. The first part of that statement is true but agreements such as a conditional fee arrangement may release you from all liability to pay any money should the case lose, but it will require you to pay an amount should the case win. The phrases 'no win, no fee' and 'receive 100% of your compensation' do not mean the same thing. Check with the person who is taking the details of your claim that there will be nothing to pay if you lose AND nothing to pay if you win.
All of the solicitors in England and Wales should offer you the option of no win, no fee AND 100% of your compensation. Exceptions to this may be Criminal Injury cases and Medical Negligence cases, there are still many firms unwilling to run such claim types without payment from the client. Also, in Scotland the solicitor will require you to enter into a conditional fee arrangement on many case types. This will still entitle them to use the no win, no fee slogan but you will not receive 100% of your compensation. This is how the Scottish legal system works and there is no way around it. There are very few situations where you will not receive 100% of your compensation as a matter of course, but if you ask the solicitor and he says that you will receive 100%, then you'd better receive 100%.
All in all it is fully recommended that you speak to the solicitor who will actually be running your case and ask in no uncertain terms whether there will be any money upfront and/or requested during the case, if there will be a fee if you lose and/or if there will be a fee if you win. This way there will be no surprises along the way. If someone shows up at your door screaming 'no win, no fee' and puts an insurance policy in front of you face, ask to speak to a solicitor.
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Disclaimer: Although this site is updated as often as possible the information provided may not accurately reflect the current laws, procedures and/or facilities available to you. To ensure that you get the most up to date information make sure you consult an actual solicitor before pursuing any action. The articles on this site are for informational purposes only and are not intended to advise any particular action or inaction. Please read our terms of use for more information.
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