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No Win No Fee Explained

Jul 19, 2008
The term no win, no fee is often banded about but what exactly does it mean to you if you want to bring about a personal injury claim. The term came about in the late nineties and is often associated with the conditional fee agreement (CFA). This is where the solicitor is only paid if they win the case.

You may have seen the television adverts of listen to the adverts on local radio about how you can make a claim for a personal injury. Solicitors work on a no win no fee basis for personal injury claims whether it be an accident at work or because of long term exposure to dangerous materials such as asbestos.

The conditional fee agreement or as most of us know it no win no fee which means if the solicitor loses your case you do not have to pay a fee. So how can a solicitor afford to take on a case if there is no guarantee of winning. A good solicitor will advise you if your claim has little of no chance of being successful. In this case you should be advised not to proceed and it will be explained to you the reason for not taking on the case.

There are many reasons a case is not taken on, on a no win, no fee basis. If it is clear that the injury is not the fault of someone else then there is clearly no point in starting a case as there is no one to legally blame. There may also be circumstances where there is little or no proof to make a claim. If there are no witnesses or if medical reports are not conclusive then a claim may not be taken on.

Whilst it is understood by much of the public that no win no fee means that you never have to pay anything. This is not entirely true, not all solicitors work the same and not all cases are the same. You need to ask your solicitor what you will be expected to pay for and if you will get all of any compensation won. All of the charges and fees will be in the paperwork you sign so make sure you read the small print otherwise you may be in for a shock.

It is often the case that an insurance policy will be taken out to underwrite your personal injury claim. This is because there is a chance that your case may not be successful and you will not end up with any compensation. An insurance policy will pay for the cost of the solicitors fees and other associated costs should you lose your case. You will need to ask whether or not you will have to pay for this insurance or contribute towards it's cost.
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