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The truth about 'no win, no fee'
Q17 How does it work – can you take me through the process?
A personal injury claims specialist who meets the ClaimsGuide recommended criteria will ensure that your claim is dealt with in a way that meets your best interests and ensures that you receive all the compensation award to which you are entitled – AND at no cost to you whatsoever. Here's how it works:
You enter into a 'Conditional Fee Agreement' with the solicitor whom your personal injury claims specialist refers your case to.
What does this mean?
It is more commonly referred to as a 'no win, no fee' agreement. This means that if the solicitor does not win your case, he does not charge you anything.
Does this mean they charge me if I do win?
No. The solicitor obviously has to be paid for his work, but the Conditional Fee Agreement enables him to recover his fees from the party that caused your accident, not from you.
So if I win, how much of the compensation will I receive?
All of it. There are no deductions made from your compensation whatsoever. This will be confirmed by your personal injury claims specialist in a client agreement sent to you once your case has been accepted, and by the solicitor once he contacts you.
Anything else I need to know?
Yes. If you enter into the Conditional Fee Agreement with the solicitor, he will not charge you anything if your case fails. However, you will be liable for the legal costs incurred by your opponent in defending the claim.
How is that solved?
Once you have entered into the Conditional Fee Agreement, the solicitor will arrange an insurance cover for you. If your case does fail, that insurance cover will pay for your opponent’s legal costs.
Who pays for the insurance?
The insurance is arranged by your solicitor on a deferred basis. The cost is not payable until your claim has been settled.
So is it then deducted from my compensation?
No. The law states that your opponent must also pay for the cost of this insurance. On conclusion of your case, your solicitor therefore recovers this cost in addition to your compensation, and pays that cost over to the insurance company. Nothing is deducted from your compensation.
But if my case fails, do I have to pay for the insurance cost then?
No. Arrangements will have been made, and confirmed to you in writing, that the cost of the insurance is waived if your case fails.
So whatever happens, I am not charged anything at all?
That's correct.
The process of making a claim is not the same for all personal injury claims specialists and solicitors. Make sure your claim follows best practice by ensuring your specialist meets the ClaimsGuide recommended criteria
The truth about 'no win, no fee' |
Got a question that isn’t answered here? Want to ask an expert? Here At ClaimsGuide, we think there are 10 key questions you should consider asking any personal injury claims specialist you are thinking of dealing with. Get the right answers and you’ll know you’ll be dealing with someone who is going to look after your claim in the best possible way. Show me the questions What are the ClaimsGuide recommended criteria for choosing a personal injury claims specialist? Show me the checklist Show me the list of personal injury claim types Are you ready to claim through a personal injury claims specialist who meets the ClaimsGuide recommended criteria - that is, can answer all 10 questions in a way that satisfies us? Here
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