Will I be out of pocket if I lose my no win no fee claim?

Personal injury compensation, above all else, is all about justice. Negative coverage in the media, as well as some of the policies pursued by the government, have fuelled a conception that making a claim in the event of an accident is all about cashing in; a kind of alternative lottery win. Admittedly, some of the more disreputable operators in the field may have done their bit to bolster this impression, but legitimate no win no fee lawyers will only take on the strongest, most deserving cases in an attempt to ensure that the victims of negligence receive the compensation they genuinely deserve.

It’s perfectly simple – if you’ve been hurt, and it wasn’t your fault, then you’ve already suffered and it’s wrong to expect you to suffer all over again because you have to pay for medical treatment and take time off work. That’s what compensation is about; not punishing the other party, but allowing you to get as close to possible as you can to your pre-accident life. Part of this will be achieved via the sense of fairness created by compensation which takes the type and severity of you injury into account.

Bearing all of this in mind, it’s only right that justice of this kind should be open to everyone. In the past, taking legal action was a risky proposition which only the wealthy could afford to contemplate, but the no win no fee system has put an end to this. Under this system, you don’t have to pay anything to your lawyer up front and, if you win your case, their fees will be partially paid by the other side, and partially paid out of your compensation.

The no win no fee structure encourages lawyers to take on only the strongest claims with the best chance of success, but occasionally cases will be lost. The good news, however, is that if you do lose your case the costs and fees of the other side will be covered by insurance, meaning that you still won’t be out of pocket. The two main advantages of this system are that it encourages lawyers to take on the strongest, most winnable claims, and it encourages ordinary people to decide whether to launch a claim on the basis of fairness rather than risk.

 

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