Claims Advice - What Does No Win No Fee Actually Mean?

It’s fair to say that the term ‘no win no fee’ is a confusing one for many. As the compensation claim industry becomes increasingly vast, with many companies offering to help you recover money for your injuries, it’s often difficult to know where to turn next if you’re looking for professional legal assistance.

A number of firms offer their clients a no win no fee service. Unfortunately, not all of these are really honest about the processes involved, meaning some get hit by hidden charges after being awarded the compensation that they need to help make a difference to their lives.

No win no fee is known in the legal industry as a ‘conditional fee agreement’. These were introduced in the late 90’s, and used more commonly from the early 2000’s, after the government decided to scrap the legal aid system for personal injury victims.

Although no win no fee lawyers have come under criticism by many, there are a number of genuine firms who are dedicated to helping people through the process of making a compensation claim when they have been injured unfairly.

These firms will also be the ones who let you use their services completely free of charge, meaning you pay absolutely nothing up front, or lose anything from your final compensation settlement.

They are able to do this by charging the losing side their legal costs, which is only fair considering they will be the ones that caused your accident and subsequent injuries in the first place.

Even if the event that your claim is not successful, your solicitor will not charge you any costs as they will be covered by an insurance policy known as After the Event (ATE) insurance, that they take are required to take out prior to the commencement of any legal proceeding.

In short, if the case is covered by no win no fee and it ends up in a loss, your solicitor is not entitled to claim a legal fee against either party.

Claims Advice - What Does No Win No Fee Actually Mean?

Scams; Claims and Compensation

Claim compensation is a funny old game. It is something that can bring out both the best and worst in people.
It may be that you caused an accident yourself and accepted liability, or perhaps you were involved in one that wasn't your fault - for example, if you were driving a car that was rear ended. It is reasonable to assume that you may well have sustained an injury and need to submit a whiplash claim. If so, it's only fair that you are compensated accordingly.

However, there is always the temptation to embellish your story in an attempt to get more money. Maybe you exaggerated your injuries after tripping over a paving stone and took unnecessary time off work, or claimed that you were driving to a Fabergé egg owner's conference with your entire collection in the boot of your car when the accident occurred. Unfortunately, this type of person costs the industry an estimated £1.5 billion per year and the average motorist 5% on their yearly insurance bill.

The increase in popularity of no win no fee injury lawyers may have been blamed for the escalating numbers of fraudulent claims, but the truth is that a dishonest person is likely to try and scam any insurance company.

As a result, insurance companies have drawn a line in the sand and are becoming ever more sophisticated in combating fraud. If you've had an accident and you're tempted to enhance your story, be aware that it's not a victimless crime and as such can carry a jail term, so you should use reputable injury lawyers to represent your case.

Scams; Claims and Compensation

How To Calculate Your Whiplash Claim

If you are unfortunate enough to be in a car accident, especially one where you are hit from behind, there is little doubt that at least one of your friends or family may wink, tap the side of their nose and mutter 'making a whiplash claim'.

In fact, whiplash is an umbrella term for many injuries sustained to the neck. It can result in back and shoulder pain, headaches and 'pins and needles' sensations in the arms. It can be caused in many ways, including falls, playing sports or even roller coaster rides. Nevertheless, it is treated with suspicion by some as it is one of the most common injuries covered by motor insurers and no win no fee injury lawyers.

When determining the amount of claim compensation, many factors are considered. As well as the physical pain experienced, emotional distress and loss of joie de vivre, any resulting psychological disorders can influence the amount awarded. Furthermore, specific compensation may be granted if you see a loss of earnings as a result of the accident. These 'special damages' can also be awarded to compensate for costs incurred from car repair, hiring a replacement vehicle or any medical treatment you may receive. If you are thinking of claiming for such damages, it is vital that you keep your receipts for these expenses.

With so many things to be taken into account, it is easy to see how the amount of any settlement can vary greatly, which highlights the need to seek advice from reputable injury lawyers.

How To Calculate Your Whiplash Claim

The biggest compensation claims cases in the last ten years

A driver in Toronto received $17 million in an accident claim after running through a red light.
Yet this is small potatoes compared to The case of professional dancer Kerstin Parkin which made recent news, after her lawyers made a successful compensation claim of £19 million against a Kent NHS trust. Kerstin was left brain damaged and paralysed for life after a series of blunders as she gave birth to her first child.
. In the UK, we have a somewhat fairer way of dealing with compensation claim cases – which is why a lot of no win no fee lawyers refuse to take on cases where the claimant is seen to be at fault.
Nonetheless, there have been some impressive sums awarded in the last 10 years. Like Kerstin, many of these were due to hospital blunders. Others include:

• The £1.25 million lump sum payout awarded to an elderly man who was knocked off his motor bike by an uninsured driver. Awarded on a no win no fee basis, the Motor Insurers Bureau accepted liability on behalf of the 21 year-old female driver.

• The £3 million awarded to a South London pedestrian who suffered spinal injuries after being knocked down while crossing the road.

• The 5,700 members of the trade union Unison who claimed £28 million for work-related accidents in 2008 alone.

No win no fee compensation claims are a fact of life today – it should be noted that, in the above cases, the victims deserved every penny of what they got.

The biggest compensation claims cases in the last ten years

Important questions to ask a personal injury lawyer during your consultation

If you have suffered a personal injury through no perceived fault of your own, you need to seek an appointment with a solicitor who specialises in no win no fee compensation claims.

Finding a lawyer who will give you a consultation is one thing; finding one who will fight your case fairly, without leaving you out of pocket, is another. So be prepared to ask a lot of questions. These include:

Will this consultation be free of charge? Generally, the answer is yes – but beware of offices who say “free consultations” on the door. If you book an appointment, and then decide to go elsewhere, you may be billed for the lawyer’s time. Unlikely, but worth asking about.

Will you take my case on a no win, no fee basis? Practically every solicitor tackling personal injury claims will say yes, but beware! You need to be protected in case of losing the case, because if this happens you will have to pay the other side’s costs – and these can be very high. So your next question should be:

When you say no win no fee, with no fees to pay, what does this mean? Generally, in the event of a successful outcome, you get to keep 100% of your compensation claim – the solicitor recovers their costs from the other party. If you lose, they cover their own costs.

What if I’m partly to blame for the accident? In this case, a no win no fee lawyer might still take you on, but the compensation claim may be reduced.

Important questions to ask a personal injury lawyer during your consultation

Make a no win no fee claim for slip trip and whiplash injury

Many compensation claims are taken on a no win no fee basis. This means that in the event of the solicitor being unsuccessful, the client won’t have to pay them a fee, which lessens the risk of being out-of-pocket if a successful counter-claim is made.

However there are a large number of personal injury firms who, in the event of winning a claim, take a large fee from the sum offered. There have been cases of victims ending up with little or nothing because of this. For this reason, you should always use a personal injuries solicitor who works on a no win no fee, 100% compensation basis. Then, there are no hidden surprises, because costs are recovered from the other side.

Naturally, solicitors need to be sure they have a good chance of success, so no win no fee compensation claims tend to be clear-cut cases where the victim was not at fault, such as a whiplash injury following a rear-end car collision, or a broken knee from a trip over an uneven paving slab. Nonetheless, it can still be notoriously difficult to prove who was at fault, so the solicitor will need all the facts. It’s important you tell them if you feel you were to blame in any way – they may still be able to make a claim, although the sum awarded may be reduced.

People who suffer a whiplash injury or nasty fall, due to someone else’s negligence, should make their compensation claims as soon as possible – and always under a 100%, no win no fee basis.

Make a no win no fee claim for slip trip and whiplash injury

Do’s and don’ts when making a no win no fee claim

Do’s

• Do only make a ‘no win no fee’ claim when you have accident injuries that have caused you pain and suffering and/or financial loss.
• Do ensure you are within the timeframe for making a ‘no win no fee’ claim – most of the time it can only be made within three years of the date of your injury.
• Do make sure your selected claims service doesn’t involve any hidden fees – any legal costs should be covered by the third party should your compensation claim be successful.
• Do ask your selected claims service questions such as whether the company will charge you any fees, whether they will make you sign into a credit agreement and whether they will insist you sign up for a loan – the answer to all of these should be ‘no’.
• Do make sure that if your solicitor takes on your case, and believes you have less than a 51% chance of success, that there are no hidden costs.
• Do ensure that you will receive 100% of the damages – the legal fees for your solicitor should not come out of this.
• Do keep evidence of any medical treatments, referrals or appointments you have had in relation to your injury – it is your responsibility to keep a record of these as proof of your accident.

Don’ts

• Don’t sign anything until your solicitor has made it clear (and in writing) that there will be the ‘no win, no fee’ arrangement available and with no hidden costs.
• Don’t pursue a claim if you feel like your questions have not been answered satisfactorily or if you feel uncomfortable with any aspect of the advice you have been given. Be aware that once proceedings have begun, pulling out could result in you being billed for legal fees incurred on your behalf.
• Don’t miss any medical examinations that have been set up with independent doctors. These missed appointments will show up in your medical records (which the court and insurance companies have access to), and could hurt your legal case.

Do’s and don’ts when making a no win no fee claim

No win no fee vs contingency fee

Whenever you make a claim for compensation here in the UK you need to be clear about whether you are making a genuine no win no fee claim, or whether you are agreeing to a contingency fee.

It is important, because the difference will become very apparent when you come to receive your compensation cheque at the end of the claim.

A no win no fee compensation claim means that you don’t pay a penny to your solicitor if you don’t win the case. It also means that your personal injury lawyer claims their fees back from the person who is responsible for the accident that caused your injuries in the first place. Usually of course this means claiming the money back from their insurance company, rather than the guilty party direct.

A contingency fee is different however. As with a no win no fee case, you don’t pay anything up front. Where contingency is different from a no win no fee is that under a contingency agreement, your personal injury lawyer will take a percentage of the compensation claim that you earn. This means that you will not get 100% of the compensation money that is paid out.

Contingency compensation agreements aren’t as common in the UK as they are in the USA, but you still need to be careful that when you make a claim for compensation you are using a no win no fee lawyer and that you will receive 100% of the compensation payout.

No win no fee vs contingency fee

How to claim compensation when you have an accident abroad

When you have an accident here in the UK and it wasn’t your fault, claiming compensation through a no win no fee personal injury solicitor is fairly straightforward. However, when you have an accident abroad the rules are more complicated in claiming compensation for your injuries.

First of all, a no win no fee personal injury lawyer in the UK would have to make the claim for compensation on your behalf against the company from which you booked the holiday in the first place. This can only be done if the travel agent used was from the UK, and if the accident that you suffered was as a result of their negligence and they were to blame.

Hotel staff or holiday reps would also be considered as part of the travel agency, so should your accident be as a result of hotel staff not drying the floor of the hotel lobby, and you slipped and fell, then you might be able to claim compensation against the travel agent.

Illness is also classed as personal injury, so if you contracted food poisoning and sickness through eating food provided by the travel agent’s hotel, you would be to make a no win no fee claim for compensation against the travel agent.

The travel agent would not be responsible however for the state of pavements or roads outside their hotel, so if you were to fall on the street in the local town, you could not claim compensation for your injuries.

How to claim compensation when you have an accident abroad

Most common winter compensation claims

The winter often brings with it icy roads, wet and icy pavements and treacherous conditions underfoot. This understandably leads to more accidents on the roads and more falls than are experienced in the summer months, accidents that the victims of are still able to claim compensation for.

One of the most common forms of compensation claim is the no win no fee claim for injuries sustained in a fall. During summer months falls such as this are often down to badly maintained pavements, damaged roads and store owners failing to clear up spillages. In winter however these falls are even more common and are usually down to icy conditions caused by the weather and a lack of care from the local council.

The roads are equally hazardous during the winter months, as cars and even larger vehicles find it difficult to manoeuvre. A failure to grit the roads sufficiently often results in cars being unable to stop, losing control and crashing into other cars. These accidents often cause damage to vehicles and result in injury to the drivers, ranging from whiplash to serious injuries.

Compensation can be sought for injuries and vehicle damage sustained in accidents such as these by employing the services of a no win no fee personal injury lawyer. Whether your claim is against the council for inadequately gritting the roads, of against the driver of the other vehicle for not showing care and attention in treacherous conditions, a no win no fee solicitor will be able to guide you through the process.

Most common winter compensation claims

Accident at work

Most people realise that they can claim compensation for an accident on the road, such as a car crash, or for when they trip or fall in a public place. However, not everyone realises that you can actually claim for compensation if you have suffered an accident at work, in the workplace.

Accidents at work are common in the UK, and they can range from small slips and trips on wet surfaces, usually as a result of recent cleaning and inadequate warning, to more severe accidents such as those encountered at industrial sites. It’s important to note that you probably can’t claim compensation for an accident where you yourself have been negligent or irresponsible, but if you have suffered an accident at work as a result of improper training, lack of safety equipment or inadequate equipment for the job that you are doing, then you are able to claim for compensation against your employer.


You shouldn’t feel guilty about claiming compensation against your employer, as by doing so you are helping to ensure that no other work colleagues suffer the same accident at work that you have suffered.

A no win no fee personal injury lawyer will be able to guide you through the claims process, and advise you on what you can actually claim for. Claims for compensation can include monies for injuries sustained, compensation for medical bills and remuneration for the time you have missed from work.

Making a no win no fee claim for compensation will win you the compensation that you deserve.

Find more information on compensation claim

Accident at work

Benefits for appointing a no win no fee claim solicitor

Nobody likes hurting themselves and having to go to hospital. It’s even worse when it’s not your fault, or you have suffered an accident that was easily preventable. The injuries sustained from falls, trips or car accidents can be very painful. Sometimes you could even sustain permanent injury and be off work for several months, or indefinitely, which can also cost you financially as well physically and mentally.

Luckily, you are able to claim compensation for injuries such as these, so long as someone has acted negligently or irresponsibly. If you have slipped over at work, in the high street or have been the victim of a car accident, you can claim compensation for your injuries using a no win no fee solicitor.

No win no fee allows people to make claims for compensation without having to spend their own money up front to take legal action. Before no win no fee was introduced, many people injured in accidents that were not their fault couldn’t afford to claim compensation because of the expensive legal system. With no win no fee, personal injury specialists can take on your case for you and ensure that you receive the compensation that you deserve, without you having to pay any money.

No win no fee solicitors are paid by the third party’s insurance company, which also means that it’s in their best interests to win your case, as if your personal injury lawyer doesn’t win, they don’t get paid either!

Benefits for appointing a no win no fee claim solicitor