How long does a no win no fee case take?
If you have a good chance of winning your case, the solicitor may offer a no win no fee arrangement. This is also known as a conditional fee agreement.
These agreements are very common in claims for personal injury. But what are the key points to know about them?
Costs
No win no fee lawyers allow people to seek justice without the fear of being hit with steep legal fees upfront. This option is a vital right, as it allows people to have access to the courts even if they cannot afford to pay for legal representation on a standard basis. However, it is important to note that not all law firms offer no win no fee services.
Fieldfisher solicitors specialise in representing clients in personal injury and clinical negligence claims on a no win no fee basis. This is formally known as a Conditional Fee Arrangement (CFA). Before your solicitor offers you a CFA they will carefully consider all the circumstances that led to your injury and discuss the legal implications with you. They will only agree to a CFA if they believe that you have reasonable prospects of winning your claim and that the costs of fighting your case will not exceed the amount of compensation you are likely to obtain in a successful outcome. They will also usually take out insurance to protect you from having to pay your opponent’s legal costs if you lose your case.
In a successful No Win No Fee case your solicitor will charge you what is referred to as a success fee, this is typically a percentage of your compensation award. This percentage is deducted from your final compensation and your solicitor will explain this to you before you sign your agreement.
Timescales
When you make a claim with a no win no fee attorney, you do not pay anything unless your attorney wins the case. This is called working on a contingency basis and it is common practice among personal injury attorneys. This arrangement gives you more control over your legal fees and removes the risk of losing your case.
No win no fee arrangements were introduced to give claimants a level playing field when it comes to seeking compensation for their injuries. They have made it possible for individuals who would not otherwise be able to pursue their claims to do so. However, it is important to understand how the no win no fee system works.
If your case is successful, your solicitor will take a percentage of the final compensation as their “success fee.” This will be agreed between you and your solicitor at the start of your claim and will never be more than 25% of your total settlement.
If you decide to change Solicitors during the course of your claim, it is vital that you do so at the earliest opportunity. This is because any new Solicitor will need to be able to cover their costs from the outset of your case. They can do this by signing a contract with you that is based on a conditional fee agreement (CFA) or by taking out an ATE insurance policy for your claim.
Legal aid
Legal aid is a service that can help people with some of the cost of making a personal injury claim. This may include court fees and medical reports. It also covers the cost of hiring a solicitor. You can apply for legal aid through a solicitor or directly to the legal aid board. The type of legal aid available will depend on your income and the type of case you are pursuing.
You can also apply for legal aid through a charity, community law centre or private firm. In some cases, you can apply for a fixed fee payment arrangement. This will allow you to pay a set amount per month, which can be easier to budget for. This type of agreement could be beneficial if you are not earning much or are unemployed.
The length of a legal aid case depends on the kind of claims you pursue and the supporting evidence you provide. If you have a small number of claims that are straightforward and supported by sufficient evidence, your case should be resolved quite quickly. However, if you are pursuing more complicated or larger compensation claims, your case will take longer to resolve.
Civil legal aid is a service provided by nonprofit legal aid organizations, "pro bono" lawyers (attorneys and students), community groups, law schools, court-based self-help centers, and online services such as legal information and chat tools. It is funded by grants, interest on attorneys' trust accounts, state-based access to justice commissions, the private bar, and philanthropic foundations.
Insurance
The good news is that in many cases involving injury or death caused by the negligence of medical practitioners, you will be protected against the costs of your solicitors working on your case. This is because you will have entered into a no win no fee agreement, correctly called a Conditional Fee Agreement (CFA) and an insurance policy – commonly referred to as ATE insurance - in advance of the solicitor starting work on your claim.
Under a CFA, your solicitor is legally required to carry out the investigation and fighting of your claim without any financial risk to yourself. This is because the solicitor will only charge you if your case is successful and you are awarded compensation. If your case is unsuccessful, you will not pay the solicitors’ basic charges or disbursements, and any ATE premium will be returned to you.
However, it is important to note that even a successful case can be affected by events outside of the solicitor’s control which could reduce your prospects of success. For example, a rapid rate of injury recovery may reduce the chances of success or fresh information coming to light that changes liability or blame for the incident.
While more and more personal injury firms are adopting the no win no fee model, this is not an option offered by every law firm. For this reason, it is advisable to find a law firm that offers this option and understands the benefits of doing so.
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