No win, no fee & legal costs in accident claims – explained
Clients will understandably want to know what the legal costs are that they face in respect of their claim. Our Solicitors, Legal Executives and representatives of Ward & Rider Solicitors will explain to you the various options at the start of our meeting.
Most of our client’s are eligible and will want to enter into a No Win No Fee Agreement. This is also known as a Conditional Fee Agreement. We are of course specialist accident injury lawyers who take on personal injury and medical negligence cases based on the merits of each individual’s case and the chances of success that they have.
Entering into a Conditional Fee Agreement
We work on the basis that our clients are honest and genuine and in such cases, under a No Win No Fee Agreement, you will not have to pay a penny to us if you lose your case. Furthermore, as part of this agreement you will not have to advance us any money to fund your claim.
If you win your claim, the defendant will pay the majority of your basic legal costs and disbursements, which include court fees, medical report fees, fees for the release of medical records and other experts fees. If you win, any legal costs that are not paid by the defendant will be deducted from any compensation awarded to you but, it is important to remember that we would not deduct more than 25% of the compensation which has been awarded to you. You will not pay us anything until you have won and the compensation is received. Any disbursements that we cannot recover from the defendant will be recovered from insurance.
Giving Clients Confidence to make a Personal Injury Claim
Our belief is that the No Win No Fee Agreement, or Conditional Fee Agreement, gives our clients the peace of mind and confidence to pursue a personal injury claim arising out of an accident or medical negligence.
Alternatives to No Win No Fee Claims
Some individuals will prefer to proceed by paying legal costs as they proceed with a case. The disadvantage in proceeding in this manner is that if you are unsuccessful potentially you will face an exposure to the defendant’s costs as well as paying for the other lawyer’s legal costs and disbursements as you continue. The advantage is that there is not a deduction from any compensation which is awarded.
Another alternative is that people may have the benefit of pre-existing legal expense insurance cover which would cover your lawyer’s fees. However often such policies have caps in respect of charge out rates and what could be charged and consequently there may still be a charge to your compensation to cover short fall in costs.
In conclusion, the vast majority of our clients will opt for the No Win No Fee Agreement to help them pursue their claim.
