No Risk for No Win No Fee

If you've had an accident that wasn't your fault, and you're considering making a personal injury claim, you will more than likely be interested in pursuing a "No Win - No Fee" arrangement.

This article is intended to dispel some of the common myths about no win no fee.

The term "No win - No Fee" is often regarded as fixed entity, where in actual fact it is simply a term used to describe a kind of agreement.

Until the mid to late 1990's, most people were unable to consider making a personal injury compensation claim, due to the amount of money it would cost to fund the case.

However, since conditional fee arrangements (known as contingent fee agreements in the United States) were introduced in section 58 of "Courts and Legal Services Act 1990" (statutory instruments made in 2005), allowing for legal services to be provided, with a fee only being payable upon a success of the claim, people in the UK have been able to claim compensation, with conditional fee arrangements, which have gained the term "no win no fee".

However, no win no fee does not necessarily mean no risk, and no cost - so do ensure that you are gaining professional advice from specialist solicitors, and that you are fully informed of all the details of the arrangement.

The following, are some frequently asked questions regarding no win no fee personal injury claims, which are intended to help those who're considering making a personal injury claim, to ensure that they understand the process clearly.

Are all No Win No Fee arrangements the same?

The simple answer to this is No.

Many people make the assumption that because it's being termed as "No win no fee" then this is all they need to know - that's not the case.

"No win No fee" is a term used to describe a conditional fee arrangement, and there are various types of conditional fee arrangements. So make sure that you discover, and are comfortable with all of the conditions of the arrangement that your solicitor is offering.

Will it cost me any money at all if I lose the case?

Upon the event that a no win no fee personal injury compensation claim case is lost, you will usually not have any fee's to pay your solicitor. However, there may be money to pay for the costs of the opponents legal fee's and disbursements. So ensure that you know how this eventuality is to be covered with the arrangement that you are being offered.

For example, it is common that you will be advised (and in some cases required) to take out insurance to cover the costs that may be payable to the other party if the case is lost, (known as after the event insurance) in which case you should find out how much the insurance is likely to cost in total. If you're advised that you do not need to take out after the event insurance, or you're unable to get cover, make sure that you find out what the potential risks could be if you did lose the case.

Will it cost me any money at all if I WIN the case?

Due to what is known as "the English Rule" or "Loser Pays" in English law, the fee's are payable by the losing party. However, once again do ensure that you find out exactly how the arrangement that you're being offered, works with regards to fees.

Is there a time limit on putting in a claim after an accident?

Yes, this is known as the "Limitation Period." For most personal injury claims there is a limitation period of 3 years for those aged over 18 years. For children the 3 year limitation period begins on the persons 18th birthday. There are exceptions to this rule, for example with industrial diseases which could not have been known about until the symptoms began, the limitation period is replaced with date of knowledge or date of diagnoses.

I was involved in a road traffic accident with an uninsured driver, can I still make a No Win No Fee claim?

Accidents involving uninsured drivers can be more complex, and involve the Motor Insurers Bureau, and the uninsured drivers agreement. In short, yes you may be able to pursue an uninsured driver for compensation, and if the case is successful, the Motor Insurance Bureau will pay the compensation. However there are a number of conditions and exceptions to this agreement, so it is crucial that you seek the advise of a professional personal injury lawyer.

Personal injury solicitors must have a wide range of experience in dealing with all nature of personal injury claims, including head and neck injury claims, and have experience in dealing with claims of all values from the most straight forward of whiplash payouts, to catastrophic injury claims, providing comprehensive compensation services.