The Process For Making A No Win No Fee Injury Claim – Step by Step

Suffering an injury due to someone else’s negligence can be a life-altering experience. Coping with physical pain, emotional distress, and the associated financial burden of not being able to work or having to pay for care or support can be overwhelming. Many victims hesitate to seek compensation, wrongly fearing legal costs and being scared about the possible complexities of legal proceedings. However, our no win no fee claims process offers a solution to these anxieties, providing access to justice without financial risk and with qualified specialist Solicitors taking care of the entire process for you.

No two claims are the same, so it is impossible to predict how your claim will go, whether you will succeed or how much compensation you will get. However, we can give you a good idea of what you can expect whilst making a claim and help you to understand how the claims process works.

At Direct2Compensation we like to keep things simple, hassle free and understandable. This guide will walk you through each step of the no win no fee claims process, giving you the knowledge to confidently pursue your claim for compensation.

Understanding No Win No Fee

What is No Win No Fee?

No win no fee, also known as a Conditional Fee Agreement (CFA), is a legal arrangement where your solicitor agrees to handle your case without charging upfront fees. If your claim is unsuccessful, you won’t owe any legal fees to your solicitor as the CFA sees them agree to take responsibility for the costs if you don’t win. We go into more detail about what no win no fee really means, here.

Benefits of No Win No Fee

• Financial protection: You don’t pay a penny to anyone if you don’t win your claim
• Access to justice: Allows everyone to seek compensation, regardless of their personal financial status
• Motivation for solicitors: Your legal team is incentivised to win your case

The No Win No Fee Claims Process: Step by Step

1. Initial Enquiry

• Contact a specialist personal injury solicitor
• Provide basic details about your accident and injuries
• Receive an initial assessment of your claim’s viability

When you contact us or use our online claim form, we will speak with you to find out what has happened and obtain your details so that we can understand your situation. Based on this information, we may ask more specific questions and then evaluate your enquiry. We’ll then refer you to one of our specialist personal injury solicitors for further consideration. Rest assured, with Direct2Compensation, we won’t just pass your enquiry to any solicitor, but the right specialist that we feel will be best placed to represent your best interests.

2. Claim Evaluation

• In-depth discussion with your solicitor about the incident
• Assessment of evidence and medical reports
• Determination of claim value and likelihood of success

The solicitor will discuss your accident details to assess your claim’s strength. If your claim is sufficiently strong, they will invite you to formally instruct them on a no win, no fee basis. Should they feel that your claim is not strong or something that they can pursue, we will seek a second opinion for you from another solicitor.

3. Claim Submission

• Solicitor prepares and submits the claim to the defendant’s insurer
• Insurer has 21 days to acknowledge receipt and 3 months to investigate

At this point, your solicitor has agreed to take on your case and you will have instructed them to submit your claim. They will ask you to sign a Conditional Fee Agreement (CFA) – in other words, a no win no fee contract. This will confirm you won’t have to pay anything if your claim fails, and a maximum 25% contribution from your settlement if you win. Your solicitor will submit your claim once they receive your signed documents and have been formally instructed to act.

4. Evidence Gathering

• Collection of witness statements
• Obtaining CCTV footage or photographs
• Arranging independent medical examinations

The CFA also authorises your solicitor to obtain relevant medical records and other supporting evidence. The CFA signing process is very simple, but if you need help you can request an agent from us (at no cost) to help explain the paperwork and assist you in signing these documents. Your solicitor may well decide that you need a medical assessment to determine your settlement value, but as with our entire service, you will not have to pay for this. The solicitor will instruct a medical expert to see you, review your accident and they will then write a report based upon your medical records and their assessment of your injuries for your solicitor to use.

5. Negotiation

• Your solicitor negotiates with the defendant’s insurer
• Discussion of liability and compensation amount
• Aim to reach a fair settlement without court proceedings

After negotiations with the insurance company, the third party will admit or deny liability, and your solicitor will advise on the next steps. In cases of split liability, where it’s deemed you were partially at fault, you can still succeed with a claim but your settlement will reflect how much you were at fault.

Your medical report will be used by both your solicitor and the third party to evaluate the compensation amount you should be entitled to. Your solicitor will also ask for details of expenses and lost income, in order to maximise the value of your claim.

Finally, your solicitor will seek an appropriate settlement value based on case law, judicial guidelines and medical evidence. Your solicitor will advise you accordingly when a suitable offer is made.

6. Settlement or Court Proceedings

• If a fair settlement is agreed, the claim is concluded
• If no agreement is reached, court proceedings may be initiated
• Most cases settle before reaching court

Your claim may settle within a few months if liability is admitted. If denied, your solicitor will advise whether to continue – perhaps taking the case to court – or to close the claim. If it is closed, you can seek a second opinion or switch solicitors with our help.

If your claim succeeds, your solicitor will obtain the agreed compensation amount and transfer it to you, minus a 25% deduction towards your legal fees as per the terms of the CFA.

The Role of Direct2Compensation

For most people, the process of making a claim is somewhat confusing and the thought of a legal battle is scary. How do you deal with third parties that are often large organisations? How do you engage with highly qualified solicitors? Our role in the claims process is to provide the friendly, helpful and transparent link between you, the client, and the specialist personal injury solicitor with whom we place your claim.

We use our 28-year expertise and knowledge to make initial assessments about claims and then find the right solicitor to advise you in your best interests. We will help you to ensure that all relevant paperwork, important evidence and appropriate steps are taken. We remain available to assist our clients throughout the claims process, liaising between claimant and solicitor, explaining correspondence and answering questions.

Let’s be honest, with the best will in the world, some solicitors struggle to explain things in simple, understandable terms and this can confuse clients. We talk in layman’s terms, allowing your solicitor to get on with upholding your legal rights and working hard to settle your claim. Remember, while pursuing compensation is important, your primary focus should be on your recovery. Let us handle the legal complexities while you concentrate on regaining your health and well-being.