What Is a No Win No Fee Claim?

If you have been injured at work because of someone else’s negligence, you could be entitled to claim compensation. However, the thought of losing money in solicitor’s fees can be very off-putting. For that reason, our team of accident-at-work solicitors offer their services on a No Win, No Fee basis. But just what is a No Win, No Fee Claim, how do they work and what actually happens if the claim is lost? Well, in this guide, we’ll answer those questions and more.

To check if you could start a No Win, No Fee claim, we offer a free initial consultation. This is where one of our specialists will review your case with you to check whether it is valid and explain your options. If they pass your case to one of our specialist solicitor’s it will be further assessed to see whether a No Win, No Fee service can be offered. Whatever happens, you’re under no obligation to work with us after your initial call, so it is always worth getting in touch.

To find out if you can start a No Win, No Fee accident at work claim, you can:

• Call us on 0333 241 2519 to ask a legal advisor about your next steps.
• Ask for free advice via our online chat service.

For more on how No Win No fee claims work, please get in touch and remember that you can call us at any point if you have further questions.

What Does No Win No Fee Actually Mean?

No Win, No Fee claims were introduced in the UK in the 1990s to help improve access to legal representation for people who had been injured or made ill following an accident that was someone else’s fault.

Solicitors ask their clients to sign a Conditional Fee Agreement (CFA) before they can start working on the claims process. The CFA means that:

• Your solicitor can work on your case without being paid upfront.
• If the claim is lost, you don’t need to pay for any of your solicitor’s services.
• If the claim is won, your solicitor will deduct a success fee. By law, the success fee is capped, meaning you will usually keep the majority of your settlement amount, subject to the terms of your agreement.

As you can see, a No Win, No Fee agreement can be a good way to claim workplace accident compensation.

What Is a Success Fee?

In the past, when a compensation claim was won, the claimant could claim back the cost of their legal fees from the defendant. This meant the claimant would keep up to 100% of any settlement offered. This changed in 2013 when the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into effect. This new law meant that claimants now had to pay a success fee to their legal representatives if their claim was won, and the defendant did not have to pay their legal fees.

The success fee is listed in your CFA. It is a percentage of any settlement you are awarded, which, according to the law, is capped at 25 per cent of your settlement.

Consequently, if you receive £10,000 in compensation and you agreed to a 25 per cent success fee, you’d receive £7,500 from your solicitor at the end of a successful claim.

Pros and Cons of No Win No Fee Accident at Work Claims

In this section, we’ve listed a few pros and cons of No Win, No Fee claims to help you understand how they work:

Pros:

• Access to justice. Using a CFA to fund a solicitor’s work means those who might not be able to afford legal representation can get it.
• Lowered financial risk. A No Win, No Fee claim means you don’t pay for your solicitor’s work if the claim is lost.
• Incentivised solicitors. Your solicitor may work harder on your case than they would if they were paid upfront because of the knowledge that they won’t be paid if the claim is lost.
• No upfront legal fees. There is no need to pay your solicitor in advance for their work if they represent you on a No Win, No Fee basis.

Cons:

• Success fees. Since the introduction of LASPO, a success fee may be deducted from a claimant’s settlement if the claim is successful.
• Solicitor selectivity. As solicitors know they won’t be paid if the claim is lost, they can only offer No Win, No Fee claims for cases with a better than average chance of success.
• Other costs. While your solicitor’s fees are covered in No Win, No Fee claims, you could be liable for other costs such as insurance premiums and disbursements even if the case is won (we’ll explain this in more detail shortly).
• Complex terms. If you don’t fully understand the T&Cs of your No Win, No Fee agreement, you might be surprised by any costs that are deducted before you receive your compensation payout.

As with any type of legal agreement, you should always seek legal advice and read your contract before signing a No Win, No Fee agreement.

Am I Entitled to Claim on a No Win No Fee Basis?

Accident-at-work solicitors will normally only offer a No Win, No Fee service for claims with a reasonable chance of success. As such, before accepting an accident at work claim, they will check whether:

• The defendant in your claim owed you a legal duty of care.
• You were involved in an incident or accident at work caused by the defendant’s negligence.
• You were made ill or sustained injuries as a direct result of that negligence.

Another factor a solicitor will consider before offering a No Win, No Fee service is whether there is enough evidence to prove your allegations. This can include:

• Photographs taken at the scene of the accident to prove the cause of the accident.
• Medical information from your GP or a hospital that confirms your injuries.
• Correspondence with the defendant or a copy of an accident report form.
• Witness statements that corroborate your version of events.
• Personal statements.
• Video footage of the accident from dashcams, CCTV cameras, mobile phones and bodycams.

If you believe you’re entitled to make a No Win, No Fee claim, get in touch with one of our legal advisors for free advice.

How No Win No Fee Claims Work

Typically, this is how we handle No Win, No Fee claims:

• Initial assessment of your claim with one of our advisors.
• If your claim is feasible, we may partner you with an accident-at-work solicitor on our team.
• Your solicitor will build up an understanding of your case and gather evidence to support it.
• The claim will be filed with the defendant and/or their insurance company.
• Negotiations will proceed between both parties to try and achieve an amicable agreement.
• Once liability has been agreed, both parties will work to try and agree upon a fair compensation settlement.

Whatever type of workplace injury you’ve sustained, please call our legal advisors to see if you can begin the claims process.

What Happens If My No Win No Fee Claim Is Lost?

Under a No Win, No Fee agreement, if your claim is unsuccessful, there may be certain costs associated with the case, such as:

• Medical reports.
• Expert witness fees.
• Court fees and other disbursements your solicitor has paid on your behalf.

In most personal injury claims, claimants are not normally required to pay the defendant’s legal costs, provided the claim has been conducted properly.

To protect you against these potential costs, solicitors offering No Win, No Fee services will usually arrange an After The Event (ATE) insurance policy, which is designed to cover disbursements and any risk of adverse costs if your claim is unsuccessful.

Again, you should always read the terms and conditions of your CFA and any ATE insurance policy before agreeing to start a No Win, No Fee claim.

Do No Win No Fee Compensation Claims Have a Time Limit?

The Limitation Act 1980 sets a 3-year time limit for most workplace accident claims.

Generally, this will start from:

• The date that the workplace accident or incident caused your injuries or illness; or
• Your date of knowledge, if this is later, i.e. when your condition was diagnosed.

However, the exact deadline can depend on your circumstances. For instance, claims involving those under 18 also have a 3-year limitation period, but this begins when they turn 18 years of age. Before then, an adult can act on their behalf to start a claim

Similarly, where the claimant does not have the mental capacity to claim, the time limit normally won’t apply, but someone else could claim on their behalf.

What Work Do No Win No Fee Solicitors Include as Part of Their Service?

Some of the services offered by our team of No Win, No Fee accident-at-work solicitors include:

• A free initial consultation to evaluate the facts of the case and check if the claim can proceed.
• Legal guidance and advice throughout the claims process, i.e. providing advice on whether to accept a settlement offer or not.
• Seeking out and gathering evidence to support your accident at work claim.
• Providing you with a compensation estimate once they’ve reviewed your case in detail.
• Dealing with all discussions and negotiations on your behalf so you don’t need to speak to the defendant directly.
• Booking a court hearing if required (though this is quite rare in our experience).
• Fighting to secure the maximum level of compensation possible if liability for your case is accepted or proven.

If you’d like to know more about how a solicitor can help you claim, please feel free to contact our legal advisors.

Contact Us About a No Win No Fee Workplace Accident Claim

If you (or a loved one) has been injured at work and you’d like to start the claims process, you can:

• Speak with a specialist advisor by calling 0333 241 2519.
• Connect to our 24/7 online chat service.

Our team offers free advice about No Win, No Fee claims, and you’re under no obligation to work with us after the first call. However, if we do appoint a solicitor to work for you and you both agree to proceed with a claim, they’ll work hard to get you any compensation you’re entitled to.