Choosing a No Win No Fee Lawyer
What Is a No Win No Fee Agreement?
Before we discuss in some depth the best way of choosing a No Win No Fee Lawyer it makes sense to explain first of all exactly what is a no win no fee agreement?
A no win no fee agreement is entered into where the claimant, or person bringing the claim and their solicitor agrees to take on the claim on the basis that:
There is no requirement to pay upfront legal fees or any ongoing costs for the claimant (client) and if for any reason the claim is unsuccessful then the solicitor will not make a charge for their legal services.
If the no win no fee claim is successful then in return it is agreed that a “success fee” is paid out of the damages from the no win no fee case.
“Success Fees” and Your No Win No Fee Compensation Claim
If the claim is successful the client agrees to pay the no win no fee solicitor what is known as a “success fee” which represents an agreed percentage of the final compensation amount for a successful claim. The success fee cannot be more than 25% including VAT of the total compensation award.
Personal injury lawyers and no win no fee agreements in general are regulated by the solicitors regulation authority and the rules dictate that any no win no fee arrangement must be clear and prohibit solicitors from charging excessive or unreasonable success fees.
The theory behind the personal injury lawyer keeping a success fee which is a percentage of the claimant’s compensation is that if the claim is unsuccessful the no win no fee solicitor writes off all their legal fees so if the claim is successful, because the personal injury lawyers have taken a gamble, they keep a portion of the compensation.
Generally the success fee will be determined by a whole range of factors including the degree of risk and amount of complexity that is involved in pursuing the claim so the lower the risk the lower the success fee in a no win no fee compensation claim.
For example if you have suffered injuries as a passenger in a road traffic accident then the success fee should be nominal as you are owed compensation what ever happens (unless unusual circumstances apply).
Alternatively if, say, you have suffered a serious injury in a road traffic accident in a motorway pileup then the success fee is likely to be much higher. The high success fee will take into account the anticipated time involved in investigating liability and the potential the solicitor may have to write off all the time and expense if the claim is not ultimately won.
Benefits of a No Win No Fee Agreement?
- Before the no win no fee agreement is signed the parties will have agreed the amount of the success fee and therefore the client will have certainty from the start as to what the maximum cap will be from any no win no fee compensation award.
- Of course if the worst does come to the worst and your claim is lost or discontinued then on a no win no fee basis you will not have any legal fees to pay and this is exactly how we operate with our no win no fee claims.
- This reassurance in itself can go a long way to helping you decide to proceed with your claim if you’re in two minds.
- Access to justice can be achieved without having to worry about potentially expensive legal costs or legal expenses and court fees.
Choosing a No Win No Fee Solicitor – How to go about Instructing the Right Firm for You?
As indicated above an important factor to take into account is the proposed success fee that the lawyer will charge for the no win no fee service. This needs to be discussed with the lawyer to make sure that it is acceptable and in line with what other no win no fee solicitors are charging.
It is crucial when instructing a lawyer on a no win no fee basis the lawyer is transparent about the costs of bringing the claim including the proposed success fee and also any other disbursements such as medical fees.
You need to establish for sure that you won’t have to pay legal fees or legal costs in the event the claim is lost.
It’s always a good idea to approach the exercise cautiously to make sure that you are not being given unrealistic promises or even pressured into making a quick decision.
It’s so important that when you make the final decision, you are comfortable and feel you have chosen a reputable and trustworthy no win no fee practice who will live up to their no win no fee promise.
The Huge Importance of Online Research
Take the time to look for firms that specialise in no win no fee claims and read their Google Reviews to get an idea of the quality of the service provided.
Needless to say you should be wary about a firm which has a number of negative Google Reviews which might involve a failure to progress matters, a failure to return calls and general complaints about the service or attitude of the individual overseeing the personal injury compensation claim.
There will always be some people who are overly critical about things but if there is a glut of negative feedback then it’s best to to be safe than sorry and stay clear.
Once you have had a look online to see which firms have received really good overall Google Reviews it’s a good idea to make a shortlist of firms and then contact them in turn to see what your general impressions are.
In particular see whether you can speak to the solicitor who would be be allocated your claim and find out whether the solicitor is approachable, friendly and of course gives you the confidence they have the knowledge and expertise to handle your claim.
GETTING DOWN TO BUSINESS – QUESTIONS TO ASK YOUR PROSPECTIVE SOLICITOR?
- If you put the following questions to your prospective solicitor then you should get a much better sense of the solicitor’s qualifications, their experience and also their general approach and attitude to handling your claim on a no win no fee basis.
- Hopefully by asking these questions you will gain much more confidence when you come to instruct your no win no fee injury lawyers.
- By the end of the exercise you should be as sure as you can be they are the right no win no fee solicitor for you giving you the best chance of success with your injury compensation claim.
Will My Claim be handled by a Senior Solicitor who has day-to-day responsibility for My Claim?
Many firms will pass their initial enquiries to experienced qualified solicitors who may well give a very good impression.
However, be aware, once you decide to instruct the firm you may find your compensation claim is allocated to a junior Solicitor or a paralegal who is less qualified, has less experience and is not nearly as capable of progressing matters.
Make sure you know who your solicitor is going to be so you can be sure you are in safe hands.
What Experience do you have in the Specific area of Personal Injury Law I need help with?
Clearly the more experience your solicitor has in handling compensation claims the better.
When you are looking to claim compensation there is no substitute for your chosen solicitor having specialised for many years in the field of your compensation claim.
How Long is My Claim likely to Last?
This isn’t always the most easy question to answer as every claim is different and much depends upon liability (blame) and whether the other side are prepared to put forward an acceptable offer.
By asking the question you can at least gauge the extent to which the prospective solicitor is able to provide some indication of the factors affecting the length of time that a claim will take.
If court proceedings are necessary then the no win no fee claim is likely to take that much longer to resolve.
How Much Compensation am I likely to Receive?
Again this is not a question that can be answered with any real degree of accuracy at the outset of the claim as very often at the beginning of the claim the client has ongoing symptoms and it is not easy to predict when these are likely to fully resolve.
Nevertheless if you asked this question a solicitor who specialises in the relevant field they will have a good feel for the amounts of compensation that are likely to be paid for an injury that resolves within the usual sort of timescale.
How will I be able to Communicate with You during the Claim for Compensation?
Hopefully your solicitor will have a whole range of options to offer you so that you are able to communicate easily and effectively. For instance there should be an option to communicate by text as well as email and of course the ability to speak over the telephone.
Very often the defining factor will not be the methods of communication but how responsive your solicitor is in returning your calls and answering your emails and queries.
If there are issues with communication then these will probably be highlighted by former clients leaving online Google Reviews for all to see so you are well advised to check these Google Reviews out!
Are there any Additional Costs that I should be Aware of?
For instance it is common for personal injury solicitors to take out an expensive “After The Event” (ATE) insurance policy which in the vast majority of cases are totally unnecessary and cannot be recovered from the defendant even if the claim is won. In practice therefore if one of these ATE insurance policies is taken out then the client is left having to finance this ATE insurance policy by a further deduction from their compensation in addition to the success fee.
Carter & Carter Solicitors do not as a rule take out an ATE insurance policy on behalf of the client at the beginning of the claim as we believe this can very often (90%+) represent an unnecessary expense that reduces the client’s compensation and very often without the client receiving any meaningful benefit.
What is Your Win Ratio or Overall Success Rate?
Ask your solicitor this as it gives an important but general indication of the level of expertise and how your claim might fare.
We are proud of our record built up over the years which reflects our level of expertise, experience and commitment to providing an exceptional personable service. You can read our Google Reviews as independent proof of this.
Do I need to Instruct a Solicitor Near Me?
This is a question that we get asked all the time and the answer is no, not at all!
We provide legal representation to clients all over England and Wales on the basis that we have the necessary experience and knowledge to be able to pursue personal injury compensation claims.
Therefore the question to ask isn’t whether the solicitor is close to you geographically but rather it’s this:
Has the solicitor got the specialist knowledge and experience to be able to run the claim effectively and confidently leading to a result which brings maximum compensation?
- We of course have all the information technology to enable us to run our claims remotely and we pride ourselves in keeping in touch with our clients and updating them regularly so they are always kept appraised of developments.
- Similarly we always like to be responsive when our clients ask any questions and addressing any questions is of course nothing to do with how close geographically we are to our clients.
- Bearing in mind today’s technology it is so much easier than ever to communicate remotely over email, telephone, facetime, whatsapp video and video conferencing.
- It follows that even if you are not physically close to your solicitor you are still in a position to have regular and effective communication.
- In a nutshell we specialise in providing expert help in personal injury matters combined with a truly personal service which our clients praise us for as evidenced by all our glowing Google Reviews.
- In the end the fact we may not be close geographically to you matters not a jot and don’t forget when it comes to instructing the medical expert to report upon your injuries we will be looking to instruct an expert close to you so any travelling is kept to a minimum.
- If it is necessary to issue court proceedings then again we will ensure legal proceedings are transferred to your home court so the personal injury claims process has its court centre close to you.
Can No Win No Fee Agreements be Used for All Types of Personal Injury Claims?
Provided there are sufficient prospects of success then we are happy to enter into no win no fee agreements with our clients no matter what type of personal injury claim.
As no win no fee solicitors we specialise in a wide range of areas including the following types of work (not exhaustive) :
Why Choose Us for Your No Win No Fee Personal Injury Claim?
- First and foremost when you come to choose a personal injury solicitor under a no win no fee claim, it’s crucial to find a practice that is going to give you the very best representation and highest chance of success.
- That’s exactly why we believe you should consider instructing our niche firm of personal injury solicitors specialising in no-win no fee agreements with no hidden fees.
- It’s worth saying that our firm benefits from a team of dedicated and very experienced no win no fee solicitors who are extremely well-versed in the intricacies of personal injury law.
- We have a long (50+ years) and proven track record of successfully handling a wide range of personal injury claims and have mountains of fantastic reviews from happy clients who are only too pleased to have instructed us.
- Needless to say our team of no win no fee solicitors will work tirelessly to gather all the necessary evidence to build the best case on your behalf, to ensure that you receive the maximum compensation you’re entitled to.
- Our no-win no fee agreements are specifically designed to protect our clients from any adverse financial risk.
- With this type of agreement, you won’t have to pay any legal fees unless we win your case. This means even if your claim is unsuccessful you can rest easy knowing you won’t be stuck with any unforeseen bills or expenses. As a result you will be able to concentrate on what is important, that is attending to your recovery and getting well and leave behind the prospect of any additional financial stress.
- We know and understand the process of making a claim can be overwhelming, which is why we pride ourselves in taking a client-centered approach to every single claim we are entrusted to handle.
- Our team of no win no fee solicitors will keep you closely advised about the status of your claim and will be ready to answer any questions you may have along the way. Right through the process we will ensure you are well-informed and that you are comfortable and ease with how your claim is progressing.
- To summarise, our personal injury practice and team of no win no fee solicitors provides experienced representation together with a friendly and dedicated client-centered approach.
- By specialising in no-win no fee agreements, we are able to remove the financial risk when bringing a personal injury claim, allowing you to concentrate upon on what’s really important, your recovery.
- If you’re looking for a reputable, respected and reliable firm of no win no fee solicitors, you definitely can’t go wrong by instructing our firm.
What’s Next? – How to Start Your Personal Injury Claim?
If you’re thinking about proceeding with your personal injury claim utilising a no win no fee agreement, it’s critical to see if you can gather together upfront certain essential information.
By doing so your solicitor will be in a position to evaluate and assess your claim with a view to deciding if there are prospects of succeeding. We have set out below some of the most important details that you should see if you can provide your no win no fee personal injury solicitors with when starting off your personal injury claim:
- Details of the accident: This should contain the date, time and place of the accident as well as a good chronology dealing with the circumstances of the accident. It’s also crucial to provide any witness details as the witness’ account is often extremely important when assessing liability.
- Medical records: If you have been provided with any hospital records or discharge summaries, ambulance attendance sheets or other medical records these will be useful for your solicitor.
- Proof of loss: If you have any documents or records which substantiate any initial financial losses then these could be helpfully provided to your solicitor.
- Liability Evidence: It’s of major importance that you send your solicitor any photographs, videos or other records of the scene of the accident as well as any photographs showing injuries, or damage caused by the accident.
- Insurance information: if you know the defendant’s insurance details then this is extremely helpful information for your solicitor and it might well save time as your no win no fee solicitor will be able to write directly to the insurer as opposed to first finding the insurers details out from the defendant.
- Employer’s information: If you suffered the accident at work then you will easily be able to provide your no win no fee solicitor with full contact details of your employer and if possible your employers indemnity insurers details.
Remember that whatever information is supplied will form the basis of your no win no fee solicitors initial assessment of your claim and therefore this means it’s important to remember that whatever information is supplied is accurate and complete.
Your no win no fee solicitor will take take into account all the information you supply so that you can receive a good assessment of your claim dealing with the prospects of success, how much it is worth on a preliminary basis.
Additionally, be prepared that the process might take some time as it could involve gathering and assessing evidence, negotiating with insurance companies or the defendant, or even having to go to court.
Each no win no fee compensation claim will differ in terms of how long it is likely to take, how much no win no fee compensation is awarded and the best tactics to adopt to maximise your chances of winning your no win no fee claim.
Help Is Here….
Contact us to discuss your claim so we can talk things through.
We will be able to answer any questions you might have and advise you comprehensively about any concerns you may have.
We offer free legal advice with no financial risk to yourself and no upfront costs.
We hope you can tell from reading this we are genuine expert no win no fee lawyers who specialise in Personal Injury Claims……
We would be delighted to hear from you 🙂
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“Mr Adams was injured after he was electrocuted whilst working as an Electrician. A number of Solicitors refused to act for him because they did not think he would win. We spoke to him, agreed to act on his behalf and contacted the Employer. Initially the Employer refused to accept they had done anything wrong but using our skill and expertise we convinced them that they were in the wrong and secured an admission of liability which resulted in Mr Adams receiving compensation.
Mr M Adams from Kent