What exactly does “No Win No Fee” mean?

6

No win no fee is a fair means of providing everyone with access to justice, especially those who can’t afford to pay solicitors’ costs. It means just what it says – if a compensation claim fails, the claimant doesn’t pay anything even though their solicitor will have run up considerable fees during the claims process.

No Win No Fee services are officially known as a conditional fee agreement, which states that your solicitor will only be paid for their services if you win your claim for injury compensation.

A deduction if you win

When a claimant succeeds and wins their compensation claim, a deduction is taken from the settlement. This came about as a result of the government’s Compensation Act 2012 (LASPO Act 2012) that sees winning claimants contributing up to 25% of any settlement value to the cost of their claim. The deduction is formed by the value of the entire claim and may also include the sum provided for a special damages settlement.

At Direct2Compensation, our no win no fee process complies fully with the requirements of legal and government legislation. This guarantees that the bulk of your legal costs will be paid for you when you win your claim, and that you will receive at least 75% of any compensation settlement awarded to you. The balance of your legal costs will be payable by the 3rd party.

No costs if you lose

In the event that your no win no fee claim is not successful, you will never be liable for the costs incurred so long as you are not acting fraudulently.

This means that the solicitor’s own costs are lost when a claim fails. The 3rd party defendant may well charge their costs to the claimant’s solicitor, but our solicitors will have ensured that all claimants have obtained an insurance policy that will cover such costs. The insurance policy will cost the claimant nothing if the claim fails, but the premium for the policy may be deducted from the compensation settlement should the claim be won.

The important thing to remember is, that with Direct2Compensation, our claimants are not responsible for any legal fees.

It continues to be very much worth it to pursue a no win no fee claim, and we do our utmost to minimise any deductions from compensation settlements. Our staff and partner firms uphold the ethos of working in our client’s best interest at all times. We are proud to be part of the personal injury claims industry, and to help our clients claim compensation they deserve in an efficient and ethical way.

6 questions have been answered below, why not ask your own?

  1. Hi there,
    2/3 years ago I was involved in an accident in a Supermarket Car park. This driver drove into the side of my father’s car, from a parking space, causing us occupants to have severe pains, such as whiplash as the collision occurred. I have been suffering with a bad back ever since we had this accident a good few years ago. The driver was taken to court for it which we all had to give evidence against him. However, we never did as he admitted full liability to the accident. As a result, we were given a settlement via his party, I’m unable to remember if it was through insurance or something different. I as well as my family members were given £2,600 as a settlement.

    In recent years, I have managed to overlook the pain of my back as it hasn’t been bad, however, after starting a new job role, it has come back. In my previous employment,I also struggled with my back but I hid it because it was only minor.

    As a result of me being unable to hide it anymore, I unfortunately, reluctantly, went to my GP. They have prescribed me some anti-inflammatory tablets to try and help with my pain. I have explained all of this to them but they do not seem to be doing anything and taking me very seriously.

    My back has only been bad ever since the accident, however, as the driver admitted liability to it, we never got the day in court.

    Is there any advise you’re able to give to me? I’d be eternally grateful.

    • Given that this matter was settled with the defendant driver admitting liability in full there is nothing further you can do. The defendant did not have to go to court on the basis that they admitted liability for the accident. As you and your family members have accepted a full and final settlement of £2,600 the matter will be deemed to be closed.

  2. Good morning my name is derek i had a slip at work,resulting in me having a knee replacement operations..IHave been off work for 6 mts.now im on the recovery stage.im now able to take steps …work wants me back to work asp even thou my fit note runs out 18th August…based on the clinical case workers advice .many thanks derek

    • You should follow the advice of your medical professional rather than the desires of your employer. Of course, if the employer is able to offer you work in a way that is manageable to you without impacting on your injury and you are able to get to and from work then there is no harm in returning earlier.

      Given the severity of your injury and the impact that it had upon you (having to have knee replacement surgery is a serious consequence), you should look in to making a claim for compensation if you have not already done so. Why not use our start a claim page or call us on 01225430285 to find out more about your situation and discuss your rights with us?

  3. I have a solicitor working for me on a no win no fee basis against my previous employer.
    the company have accepted liability but don’t want the case to go to a tribunal. the original injury to feeling was £16,500. but because they came back with a bit of defence, we had to drop the injury to feeling. the first offer was £3000 but I said no and went back with £12,000, but the solicitor said no go for £9000 and if they offer £5000 we should accept it. I said I wasn’t prepared to drop that low and he said if it continues like this then I will not be able to carry on with this case on the no win no fee basis. this case hasn’t been going on for long, and we have an acas conciliator involved. Should he be saying this to me?

    • It is hard to advise as to whether or not your Solicitor is advising you correctly but we would always assume that the Solicitor is acting correctly and advising you in your best interests. However, you cite a hefty drop in damages and are well within your rights to be unhappy with the lowering of possible damages. However, your Solicitor maybe right and as per the terms of the Conditional Fee Agreement that you would have signed with them, they are able to terminate a No Win No Fee agreement if you ignore their advice.

      I would suggest that you should ask for a different Solicitor within the same firm to review your file – perhaps via the Solicitors complaints policy (which would be published on their website) in order for a fresh view on things.

Leave a question

Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.