What Are Solicitors Success Fees For Personal Injury Claims?
By Cat Reeves. Last Updated 27th July 2023. Welcome to our guide on what are solicitor’s success fees for personal injury claims? If a claimant decides to pursue a personal injury claim alone without legal representation they are not required to pay a success fee. A success fee is paid to the solicitor if the case is won. There are different types of arrangements you could enter into when accessing legal help from a solicitor, and you do not want to make an upfront payment. These include:
- Contingency Fee Agreements
- Conditional Fee Agreements CFA
What Are Success Fees For Personal Injury Claims?
Conditional and Contingency Fee Agreements are very similar in the way they work. They are used as a way to fund legal representation. They work as a No Win No Fee Agreement. Both the claimant and solicitor would sign an agreement of this nature which could state on what conditions the solicitor would receive payment. However, there is one main difference regarding the fees the claimant pays if the claim is successful.
If a claimant’s case succeeds under a Conditional Fee Agreement CFA, they will pay a set percentage that’s deducted from their compensation settlement. This is capped at 25%.
Whereas, for a Contingency Fee Agreement a particular award must be reached for the solicitor to receive payment. And the percentage can be higher. For instance, 35% for employment tribunals and 50% for other cases.
We will look at the success fees that may apply in these types of agreements when hiring a solicitor throughout our guide. In addition, we’ll look at what could entitle you to make a claim.
For more information, get in touch with our team. Alternatively, continue reading our guide for further help.
Get In Touch With Our Team
Please remember that if you have any questions or you need any help with anything, you can speak to a member of our team. They’ll be happy to provide you with free legal advice. You can use any of the following details to get in touch today:
- Telephone 020 3870 4868
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Services And Information
- Everything You Need To Know About Success Fees For Personal Injury Claims
- Success Fees – What Are They?
- What Changes Happened In 2012?
- Why Were The Changes Brought In And How Were They Implemented?
- How Solicitors May Assess Your Claim
- How To Calculate Your Personal Injury Claim
- What Is The Maximum Success Fee For A Personal Injury Claim?
- Whiplash And Other Road Traffic Accidents
- When Could You Pay A Lower Success Fee?
- How Long After An Accident Can You Make A Claim
- How To Start A Claim
- No Win No Fee Claims
- Useful Pages
- Success Fee For Personal Injury Claim FAQs
Personal injury claims can be made for various types of accidents, including ones that occur in the workplace, on the road or in a public place. However, just because you have been injured in an accident that you didn’t cause doesn’t mean that you’ll be entitled to make a claim. In order to make a personal injury claim, you need to show that you were owed a duty of care. You also need to prove that this duty of care was breached and that you were injured as a result.
You don’t have to have a solicitor represent you in order to make a personal injury claim. However, many people find that the claims process runs more smoothly when you have the guidance and support of an expert solicitor.
Seeking legal representation for your claim can be costly if you fund your legal representation in the traditional way. This is because you may be expected to pay your solicitor by the hour as they work on your case. This carries the risk that you will pay legal fees for an unsuccessful claim.
We will look at how different kinds of fee agreements can help you when hiring a solicitor. We’ll also examine what a success fee is and how a solicitor might assess your claim. In addition to this, we will look at how personal injury claims are valued and how to start a claim. Time limits associated with personal injury claims will also be discussed within this guide.
If you have any questions about how much solicitors charge in success fees for personal injury claims, either while reading this guide or after you have finished, please don’t hesitate to get in touch with us. One of our advisors could offer you free legal advice about making a claim.
If your solicitors offers you a No Win No Fee agreement, you generally will not have to pay upfront solicitor’s fees for compensation claims. However, when making a No Win No Fee claim, your lawyer takes a percentage from your settlement if you’re successful. These are known as success fees.
The percentage a lawyer is permitted to take is legally capped. They can only take a maximum of 25% of your compensation if you are awarded a settlement. However, if you are not awarded compensation, then you are not required to pay your solicitor.
The percentage that your lawyer takes will not necessarily be 25%, it could be less. You will be made aware of the actual percentage when you sign on with your solicitor.
You may be wondering if you can claim back solicitor’s fees after a successful claim. This is not likely as it is not an out of pocket expense.
Get in touch with us today if you have any questions.
Before 2013, if a claimant hired a solicitor on a No Win No Fee basis, they would often keep all of their compensation. This is because the defendant was responsible for paying both the claimant’s compensation and the legal costs of the claimant’s solicitor as well as the success fee.
However, as per section 44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, there were changes made to the way these agreements worked. The changes meant that the defendant was no longer responsible for paying the claimant’s solicitors success fee.
The Conditional Fee Agreements Order 2013 capped the success fee that people making personal injury claims would be expected to pay their solicitor at 25%. This was brought in as a way for solicitors to receive their success fee.
The changes were implemented for a few reasons. One of the reasons they were introduced was to prevent people from putting forward claims that were unlikely to win, resulting in the loss of unnecessary time and money.
The success fee also means that solicitors can continue to offer representation on a No Win No Fee basis in a way that is financially viable. This is because the success fee mitigates any claims where the case was not successful.
Although a success fee will be deducted, you’ll still receive the majority of your compensation with a No Win No Fee solicitor. Overall, it’s still a beneficial agreement for both solicitor and claimant.
When you are looking to pursue compensation with a No Win No Fee solicitor, the strength of your claim is very important. Your solicitor will assess the likelihood that your claim will be successful.
In order to determine whether it’s high or low risk, a solicitor will take many different factors into consideration. They may refer to their experience with handling similar claims to ascertain what the chances are of reaching a successful outcome.
If a personal injury solicitor takes on a case with a low chance of being successful, then they are putting themselves at financial risk. This is because they won’t be paid if their client does not receive compensation.
Don’t forget, if you have any questions, you can speak to an advisor at any point by calling the number above. We understand the claims process can be complex so if you have any questions, they can help.
We have created a table that provides examples of some of the injuries you could make a personal injury claim for. In addition, there are guideline brackets showing how much you could get for each injury.
The table shows what you could claim in general damages. This is the part of your settlement that covers you for your injury and the impact it’s had on your quality of life. The figures come from the Judicial College Guidelines (JCG) which is a document that’s often used to value claims.
|Knee||Moderate: (i) injuries such as a dislocation or a torn cartilage||£14,840 to £26,190|
|Knee||Moderate: (ii) injuries such as lacerations, twisting or bruising.||Up to £13,740|
|Leg||Severe: (iii) a serious compound fracture that has resulted in a long treatment and scarring.||£39,200 to £54,830|
|Leg||Less serious: (iii) a simple tibia fracture||Up to £11,840|
|Arm||Serious forearm fracture affecting both arms.||£39,170 to £59,860|
|Arm||Simple forearm fracture affecting one arm.||£6,610 to £19,200|
|Finger||A severe fracture to multiple fingers that causes ongoing issues.||Up to £36,740|
|Finger||Fractured index finger||£9,110 to £12,240|
|Ankle||Moderate: injuries such as fractures which cause difficulty walking or standing for long periods of time.||£13,740 to £26,590|
|Ankle||Modest: a minor fracture that results in aching and discomfort.||Up to £13,740|
|Foot||Moderate: a displaced metatarsal fracture that has caused ongoing symptoms.||£13,740 to £24,990|
|Foot||Modest: a simple metatarsal fracture that has caused ongoing symptoms.||Up to £13,740|
To value this part of your compensation, you will usually be invited to a medical assessment with an independent expert. Here, the severity of your injuries and the extent of the treatment you will need will be noted in a report. This will be referred to alongside the Judicial College Guidelines to help value your claim.
In addition to compensation for your injury, you could claim for any financial that you’ve incurred as a result of your injury. This could include things like loss of earnings (including future loss of earnings), travel expenses and care costs.
These may be claimed under special damages. However, it’s important to note that not every case will include special damages.
The maximum success fee for personal injury claims a solicitor can take when operating under a Conditional Fee Agreement is 25% of the compensation settlement figure. The percentage is legally capped under the Conditional Fee Agreements Order 2013.
When your success fee is deducted from your compensation award, only general damages and actual financial losses will be taken into consideration. Any future special damages (for instance, future loss of earnings or future care costs) will not be considered.
Solicitors at some law firms will charge less than the maximum 25% success fee. For more information on this, see below.
As part of the reform, any claims where the injuries are worth less than £5,000 are to be made through the government online claims portal. Any claims where the general damages are valued at £5,000 or more can be claimed through the usual channel.
We would always advise that you get in touch with us before starting a claim in this way, however. A solicitor can still support your claim through the portal. Sometimes, you may assume that your injuries are relatively minor but they’re actually worth more than you originally assume so we can offer a free evaluation service. Our team will be happy to give you a free valuation on your claim.
Many solicitors take a 25% success fee, which is the highest percentage they can deduct from your compensation settlement under a Conditional Fee Agreement. However, there are some circumstances where smaller success fees for personal injury claims can be offered.
For instance, in cases where there are larger payouts, some solicitors may agree to a 15% fee. This could include cases where the injury has resulted in severe, permanent disability.
If you were to work with a solicitor from our panel, you could be offered a negotiable success fee. For more information on working with a solicitor from our panel, get in touch with our team.
Now that you know more about what a success fee is, we’ll discuss the time limits in place for making a personal injury claim. Usually, you will have three years to start your claim. This time limit is outlined by the Limitation Act 1980, and this legislation also discusses the exceptions to this rule.
For those who are injured while under the age of eighteen, the time limit is frozen until your eighteenth birthday. It then reinstates, and will run until you turn twenty-one. While the time limit is frozen, a litigation friend can make the claim on your behalf.
The time limit is frozen indefinitely for claimants who do not have the mental capacity to make a claim for themselves. In this case, the time limit will only reinstate if they regain the needed capacity, at which point it will begin on the date of recovery. Otherwise, the claim can be brought forward by a litigation friend.
If your claim is made outside of the correct limitation date, then it could be struck out. In this case, you won’t receive compensation, nor will your solicitor receive a success fee.
To learn more about paying a success fee to a personal injury solicitor and how a solicitor could help, get in touch with our team today.
There are different steps you can take to start building up a strong claim. The most important thing you can do is obtain evidence that’s relevant to your case.
Seek medical care: Your medical records can supply useful medical evidence. This might be in the form of medical records detailing the treatment and diagnosis you were given.
Additional medical assessments: When going through the claims process, an independent medical assessment may be arranged for you to attend. This can provide a report that can highlight the extent of your injuries and how you sustained them.
Obtain relevant evidence to support your claim: This could help to prove negligence occurred e.g. CCTV footage, pictures of the accident and your injury, police reports, accident logs in an accident workbook, witness details or traffic camera footage.
Get legal advice: It might be beneficial to speak to a solicitor to help you understand the legal jargon and the different steps you need to take. They can use their experience handling similar claims before to help make the sometimes complex process go smoothly and may be able to help you get more money from your claim.
As mentioned, here at UK Law, our panel of solicitors work on a No Win No Fee basis. This is another term for a conditional fee agreement.
Essentially, it means that if your claim is unsuccessful, you won’t pay solicitor fees. If it is successful, you’ll pay a success fee which will be taken as a legally capped percentage of your overall compensation settlement.
There are various benefits to this type of agreement including avoiding upfront costs as well as additional costs that may incur while the claim is ongoing.
If this is something you’d be interested in, you can speak to our team. They can determine whether the claim you hold is valid and pass you onto a solicitor to assess your claim further.
Speak to our team on the following:
- Telephone 020 3870 4868
- Send us your details for an advisor to call you back
- Chat with an advisor on live chat at the bottom of this page
Our guide on an accident at work claim could provide further information.
For more information on car accident claims, see our guide.
See our guide for further details on how to claim for an accident in a public place.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides further details on the contributions and costs during claims.
The Royal Society for the Prevention of Accidents provides further information on accident prevention.
The government guide on recovering compensation after an accident or injury.
In this article, we’ll be looking at some further information on the costs of making a claim.
What will it cost me to make a claim?
Generally costs associated with making a claim include fees for a medical assessment, access to police reports and travel costs. However, if you work with a No Win No Fee solicitor the cost of your medical assessments and police reports if applicable will be included in their service.
How much is a success fee?
If your solicitor works on a No Win No Fee basis, then the success fee is capped at 25%. This is only for personal injury claims, however. Success fees for different kinds of claims may be capped at different rates.
Are success fees recoverable?
Prior to 2013, the success fee was recoverable from the defendant. However, success fees now must be paid by the claimant.
Do all solicitors charge 25%?
Not all solicitors charge the maximum 25%. Some charge less in certain circumstances.
Thank you for reading our guide on the success fee personal injury claims agreements usually require you to pay.
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