If you have sustained a personal injury or loss through no fault of your own, it is possible that you are considering making a personal injury claim against the negligent party. Inasmuch as there may be a temptation to call the first “no win, no fee” lawyers who advertise on the television or rank highest on the Internet, it is important to be aware of just what engaging “no win, no fee” lawyers to act on your behalf can mean to you financially.

Are No Win, No Fee Lawyers Too Good to be True?

There are many misapprehensions about no win, no fee lawyers — many of which originate from the US market where no win, no fee lawyers charge a percentage of the claimant´s compensation settlement for winning the case. In the UK, no win, no fee lawyers operate under a different fee structure which enables claimants to keep 100% of their personal injury compensation. However, there are still advantages and disadvantages of choosing to use no win, no fee solicitors.

The Advantages of No Win, No Fee Lawyers

The primary advantage of engaging no win, no fee lawyers is that should you lose your personal injury compensation claim, you will not have to pay your lawyers any fees for their services. Furthermore, as the no win, no fee lawyers are assuming the financial risk; it is unlikely that they will agree to pursue a personal injury compensation claim which has little chance of success. Effectively, if no win, no fee lawyers take on your personal injury compensation claim, you can be fairly confident of victory.

The Disadvantage of No Win, No Fee Lawyers

Whether you win your personal injury compensation claim or not, it is possible that your no win, no fee lawyers will encounter expenses throughout the course of processing your claim. These expenses — known as disbursements — can add up to a substantial sum in complex personal injury compensation claims, and therefore you need to check exactly what is covered in a no win no fee lawyer´s fees.

Inasmuch as no win, no fee lawyer´s fees would usually be paid by the negligent party when they lose their case, limits apply to what a lawyer can charge in respect of fees, disbursements and their success fee (see below for “success fees”). If a judge determines that the combined total of these fees and expenses is too high, you may be personally liable for any shortfall.

No Win, No Fee Lawyers´ Success Fees

In the UK, no win, no fee lawyers are allowed to charge a “success fee” which is paid on top of their normal fees provided that you win your personal injury compensation claim. The amount of the success fee can be no more than 100 per cent of their “regular” legal fees, but if a substantial amount of “regular” legal fees accrue in a complex personal injury compensation claim, the success fee can also be substantial. Again, it is important to discover how much your no win, no fee lawyer´s success fee may amount to — just in case you become personally liable.

No Win, No Fee Lawyers and “After the Event” Insurance

Because of the potential of being personally liable for costs even when no win, no fee lawyers lose your personal injury compensation claim, most legal professionals will recommend that you take out insurance against potential legal costs. This insurance is known as “After the Event” insurance and, in most cases, the cost of the insurance premium can be reclaimed from the negligent party when you win your case. Indeed, you may already be covered for legal fees and expenses through clauses in your household or car insurance, so it may be worth your while to check through existing insurance policies before engaging no win, no fee lawyers.

Are No Win, No Fee Lawyers Right For You?

It is not necessarily whether no win, no fee lawyers are right for you, but whether the no win, no fee procedure is a course of action that you wish to follow. In the UK, no win, no fee lawyers also offer other payment options — most of which can be claimed from the negligent party when you win your personal injury claim — the difference being that the lawyer´s fees and charges are paid by you as the case proceeds. You may still wish to take out “after the event” insurance in case of an adverse resolution to your claim, but again, the cost of the premium can be reclaimed as a justifiable cost.

Get Free Information on No Win, No Fee Lawyers

If you remain unsure about which course of action you should follow, you are invited to speak with an experienced personal injury lawyer on our free injury claims advice service. Our lawyer will explain to you the pros and cons of pursuing a personal injury compensation claim using no win, no fee lawyers with reference to your own personal circumstances. The impartial and individual advice you receive will enable you to make an informed decision on the best course of action for you.

There is no “catch” to using our free injury claims advice service. You are not obligated to proceed with a personal injury compensation claim — either through our no win, no fee process or by any other means — and all calls to our free injury claims advice service are completely confidential. Our lines are open twenty four hours a day, seven days a week, and if now is not a good time for you to speak with us, please take advantage of the “Call Back” forms at the side of the page and one of our helpful team will get back in touch with you when it is most convenient.