With the spiralling costs of Legal Aid swamping the UK treasury, the UK Government decided that the time has come to introduce a new method by which compensation solicitors could be paid for accident claims, thereby reducing the burden on them. The alternative agreed upon and put into operation in 1998, the no win no fee claim.
What Does It Mean?
Basically, a no win no fee compensation claim is available to anyone who believes they have grounds to make a personal injury claim for compensation. Under this conditional fee arrangement, an accident solicitor representing you in a personal injury claim is only entitled to be paid his fees if he actually wins the case.
Why Would A Compensation Solicitor Agree To Such An Arrangement?
Under the law, if you win your personal injury compensation claim, your compensation solicitor is entitled to claim his fees and expenses from your opponent. As a result, if your solicitor believes your case has merit, he'll be willing to work for you for free, safe in the knowledge that he'll be paid for his work by your opponent once he wins the case.
Is There Anything I Need To Be Aware Of?
Yes; sometimes a no win no fee solicitor will try to make you agree to pay his fees on the grounds that you can be reimbursed by your opponent once you win the case. However, you should keep in mind that the courts will only reimburse you for the reasonable fee costs of your solicitor - so if you agree to such an arrangement there is a chance that you will not be getting 100% compensation you are rightfully entitled to.
Also, you need to keep in mind that if you lose your personal injury claim, although you will not be responsible for your own solicitor's fees, you may be held accountable for fees off your opponent and even, possibly, the court's fees. So, if you are going to use the services of a no win no fee compensation solicitor you should make sure that you ask him who'll pay if you do happen to lose the case.
In this regard, a good accident solicitor will tell you that they have taken out insurance to cover this scenario. If, however, your solicitor has not taken out insurance, you should urge him to do so - as solicitors' and court fees are expensive and can easily be covered with a minimal premium paid to an insurance company.
What Are The Benefits Of Appointing A No Win No Fee Claim Solicitor?
Beside the obvious benefit of not having to pay for your solicitor's services - whether you win or lose - the biggest benefit of appointing a no win no fee solicitor is the fact that you'll receive 100% of the personal injury compensation you are entitled to.
In other words, none of the compensation you'll be paid from your no win no fee accident claim, will be eaten up in solicitors' fees and costs. In turn this means that the compensation you are paid can be put to good use that it was intended for - compensating you for the personal injury YOU suffered.
In addition to the above, because no win no fee solicitors are only paid on the basis that they win the personal injury case they are working on, they tend to be very good at what they do and are experts in personal injury law.
As a result, they'll most probably be able to give you the best advice on whether or not your personal injury compensation claim has a chance of winning.
