If you have been injured in an accident that was not your fault, you may be entitled to personal injury compensation. You are advised to contact a personal injury lawyer who can assess your claim and pursue it on your behalf. If you are unable to fund your personal injury claim, your personal injury lawyer may offer you a no-win, no-fee agreement, also known as a conditional fee agreement.
A no-win, no-fee agreement is a special type of fee arrangement between a solicitor and their client. Under a no-win, no-fee agreement you will only have to pay your personal injury solicitor’s fees if your claim is successful and you receive compensation from the negligent party. If your claim is successful, you will be also responsible for paying your solicitor a success fee. A success fee compensates the personal injury solicitor for taking on the risk of your claim without the guarantee of their fees being recovered. You should note that in many personal injury claims the successful party’s solicitor’s fees and success fee will be paid by the unsuccessful party by order of the court. This of course means you may have to pay all or part of your opponent’s costs if you are unsuccessful. Your no-win, no-fee personal injury solicitor will advise you to take out after-the-event insurance to protect you against this possibility.
A personal injury solicitor will only pursue your claim under a no-win, no-fee agreement if they are convinced that it has a real prospect of success. This is because they will only receive their fee if the claim is successful. In order to determine if your personal injury claim has a real prospect of success they will conduct a risk assessment prior to agreeing to take on your claim. The risk assessment will look at the value of your claim, how much compensation the other party would be able to pay, the creditability of any witnesses, and the evidence available to support your claim. If they agree to take on your personal injury claim, the level of risk identified in the risk assessment will be used to calculate the success fee.
A no-win, no-fee agreement is a complex legal contract. You are advised to ensure your personal injury solicitor informs you of all the costs you could potentially be liable for, and that you understand the terms of the agreement, before you sign it.
- Last Updated on 29/08/2011



