What Percentage Do Solicitors Take For No Win No Fee Claims In The UK?
As the victim of an accident that was not your fault, you may be considering starting a case for compensation against the person or company that caused it. Serious injuries can create financial loss and injuries that require expensive health care. All manner of other demands on your money could arise at a time when you are least able to meet them. Even so, suing someone may feel like a daunting step. Many people have reservations about how much it might cost to hire a lawyer to help them. You may have questions such as ‘is it expensive? How does it work? And what percentage do solicitors take? This article will answer those questions for you.
You may be ready to start a claim right now. This guide will provide advice and information. It will explain how a Conditional Fee Agreement can provide a way to fund a No Win No Fee solicitor. Our team are ready to help you when you get in touch. You can get in touch for free, with absolutely no obligation to continue with any further steps until you’re ready to take them. You can:
- Call us on 020 3870 4868, we’re available 24 hours a day and 7 days a week.
- Email or write to us at UK Law
- Use the ‘live support’ option, bottom right of this screen
Services And Information
- Everything You Need To Know About What Percentage Do Solicitors Take?
- What Are Conditional Fee And Damages Based Agreements?
- Legal Rulings – what percentage do solicitors take?
- What’s The Catch With No Win No Fee?
- Success Fees, How And When Are They Charged?
- How Success Fees Are Calculated –
- What Percentage Do Solicitors Take?
- No Win No Fee Compensation Calculator
- Why Do Most Solicitors Charge A 25% Success Fee?
- Could UK Law Offer A 15% Fee?
- What Will I Have To Pay If I Lose My Claim?
- Time Limits To Make Your Claim
- I Had An Accident Or Injury, What Should I Do?
- How To Make A No Win No Fee Claim
- Related Guides
- What Percentage Do Solicitors Take – FAQs
Compensation is everything in a personal injury claim. For many claimants, the opportunity of receiving a settlement can be their best chance at correcting all the damage the accident has created. A payout could make all the difference between being able to get back on track and falling into debt. In this article, we hope to dispel some of the concerns that may be preventing you from launching a valid claim. In particular, the concerns about how much solicitors charge in fees when conducting a personal injury case.
There are two types of damages that a personal injury specialist can calculate for you. One focuses on the actual detriment to your health created. The other looks at tangible financial losses you can prove because of injury.
No Win No Fee or Conditional Fee Agreements (CFA’s) can offer an even more advantageous way to start proceedings against a third party and we discuss in detail below exactly how. We conclude this article by showing you how to connect with lawyers who can help you today.
A Conditional Fee Agreement is commonly known as ‘No Win No Fee’ terms. It essentially means a binding agreement is entered into between you and your solicitor. This agreement states that if the case does not win, the claimant will not have to pay any fees to the solicitors.
But if the case does win, (and a compensation amount is awarded to you) the solicitors can then request a ‘success fee’ from that compensation in addition to the other fees it gets from the fault party. This is normally a percentage of the total amount. It does however exclude future losses. Lawyers are not obliged to act on a No Win No Fee basis. Their decision will rest on the merit of your case before deciding to accept it on these terms.
The amount that your lawyer can request as their ‘success fee’ is capped by law at 25%.
In addition to this, it’s possible that if your case fails you could be liable for the opponent’s fees. Also, possibly their court costs. Disbursements can include the charges of specialist witnesses or other costs included in the presentation of your case.
So to safeguard against this, you will be offered the chance to purchase ‘after the event’ (ATE) insurance policy which means you would be insured against these potential costs if your case fails.
What are damages based agreements?
A Damages-Based Agreement (DBA) means that your lawyer can recover a percentage of damages if the case is won based on an agreement with the client. You can decide the percentage in advance in a way that best suits you and your lawyer.
Certain legal rulings were brought in to cap the amount of compensation a law firm could reasonably ask as a fee in successful cases. Before the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) was enacted into law, claimants could keep 100
% of their compensation. However, the LASPO and Conditional Fee Agreement Act 2013 meant that solicitors working on a No Win No Fee basis could no longer get 100% of all their fees from their opponents in successful personal injury cases. Furthermore is meant that a claimant could contribute to their solicitor’s fees at a maximum capped percentage. In a case called A & Anor v Royal Mail Group , the Judge passed comment that success fees need to be more competitive.
Working with a personal injury lawyer using a Conditional Fee Agreement means you either pay no fees to your solicitor if your case fails or a limit of 25% in fees if it wins. The CFA will outline all the terms and conditions as no one shoe fits all. Each law firm will have its own conditions. Some may require payments from claimants even if the case is lost for things like the opinion of the medical expert. It is vital that you read the agreement thoroughly and ask about anything you are unsure of.
The traditional ways of hiring a lawyer by paying weekly or monthly retainer fees can cause financial obstacles. As the victim of injuries caused by the negligence or actions of another, you may not have surplus cash you can use on solicitors fees. A No Win No Fee agreement means that you can commence a case with a solicitor right away without the constraints of needing to pay fees upfront to hire them. In addition to this instant advantage, there are no fees to pay as the case progresses.
If you have taken out an insurance policy or you are covered for liability this can deal with any court costs your defendant may try to hold against you.
Whenever a personal injury solicitor accepts a personal injury claim, there is always a degree of risk that the claim may not be successful. In order to protect themselves from being constantly liable in losing cases, law firms working in a No Win No Fee arrangements claim a standard success fee of a maximum of 25% from the compensation payout. However, this fee is negotiable. Solicitors can take a maximum of 25% under a Conditional Fee Agreement but they could also take less.
Legal costs in a successful case are still covered by the defendant, but the success fee is now paid for out of the claimant’s compensation award.
Lawyers are required by law to make their clients aware beforehand of all the actual and potential costs and financial liabilities associated with their case, whatever the outcome. As a result of this, most No Win No Fee claimants can have a clear picture of what they need to share with their lawyer if the case wins and what insurance they may need to protect themselves if their case does not win.
Solicitors will explain all of this to you at the start of your claim. Once your two types of damages have been properly estimated, you will have a much better idea of how much would go to the lawyer and how much you might get.
The success fee is usually referred to in the Conditional Fee Agreement so the claimant will know from the outset what percentage will be taken from their compensation if the case succeeds. The law firm or solicitor can take no more than 25% of the settlement excluding future losses. However, they could also take less. The amount they charge will be explained in the CFA. The success fee can be calculated by predicting how much time will be spent on the case.
The success fee is capped at a maximum of 25% for a Conditional Fee Agreement meaning that the solicitor or law firm can take no more than this, but they can take less. The 25% applies to general and special damages. However, special damages may also include future losses and expenses which will not take a percentage deduction.
Compensation is calculated in two distinct ways in personal injury cases. The first calculation that your lawyer will assess uses a publication called the Judicial College Guidelines (JCG). This is a publication that lists a head to toe catalogue of injuries. It suggests an award bracket to acknowledge the pain and suffering they could cause.
An excerpt of the JCG below demonstrates:
|Injury||How severe?||Award bracket from JCG||Notes|
|Head injury||Serious (a)||£264,650 to £379,100||Severe brain damages that require constant care for the remainder of the persons life|
|Facial fracture||Serious (b)||£13,970 to £22,470||Resulting in deformity and permanent facial disfigurement|
|Back injury||Moderate (i)||£26,050 to £36,390||Compression fractures with future risk of osteoarthritis.|
|Knee injury||Moderate (i)||£13,920 to £24,580||Soft tissue injuries, dislocations, torn meniscus can all come under this heading.|
|Arm injury||Less severe (c)||£18,020 to £36,770||A disability has been sustained but the prognosis for recovery is good|
|Neck injury||Severe (a( (i)||In the region of £139,210||Injuries that result in incomplete paraplegia.|
It’s important to note that these amounts are meant as guide figures. Any compensation you receive may differ and will depend on the individual circumstances of your case. For an accurate idea of what it could be possible to receive in personal injury compensation, contact our team for guidance.
The second category of damages that your No Win No Fee lawyer could help get incorporated into your claim are any that involve financial loss. By collecting together paper documentation that proves outgoings forced upon, you could use receipts, bills and statements to demonstrate your monetary losses. Your lawyer could help you seek reimbursement for:
- Missed ways or opportunities to earn money
- Child care costs
- Medications or medical equipment
- Adaptations to your home
- Physiotherapy or counselling
- Negative impact on pension contributions or attendance bonuses
- Pet care, gardening or hobbies
- Help with domestic needs
- Anything that you need to pay someone else to do because of your injuries
Special damages cover a wide area. It’s possible that there are expenses that you needed to pay and you’re not aware that the defendant could be liable for them. Contact our team and we can help clarify what is eligible.
No Win No Fee success fee percentages are flexible. Given that compensation varies so dramatically depending on the extent of injuries and the amount of financial loss suffered, predicting compensation amounts can be difficult. With this in mind, deciding on how much your solicitors can realistically take as their fee is also a highly mobile figure. Furthermore, it can also be difficult to properly assess the likelihood of a case winning or losing.
Since the law changed regarding how No Win No Fee solicitors operate meaning that solicitors could no longer receive all their fees from the defendant when they won a case it was made so that the claimant also contributed to the solicitor’s fees. This was called the ”success fee”. Solicitors argued that if they could not include this success fee that the way the new system worked they would find it very difficult to operate.
At UK Law we can offer claimants a discounted rate. Call our team and run through a short, informal assessment of your accident and injuries. If we can help, it’s possible to connect you with skilled personal injury specialists working to a Conditional Fee Agreement capacity at a lower percentage.
When your case is successful, this means you can expect to receive the majority of the settlement amount. If the case fails. there’s still absolutely nothing to pay your solicitor as long as the claim is honest.
When a case for personal injury is unsuccessful, there is obviously no compensation awarded, regardless of how serious your injuries are. When the other party is found not liable they do not owe any damages. There is no law that requires you to have a solicitor take on your case. If you have chosen to work with a solicitor that offers No Win No Fee terms then if your case is lost generally you have to pay them nothing.
However, the opposing side still has the right to request their legal expenses and court costs from you. You could take an insurance policy out to cover this. Although you may already be covered if you have this included in your home insurance policy. As all policies differ it is important to check yours carefully before proceeding.
Currently, the time frame for starting a claim is 3 years. This date commences from the date of the accident or the date you gained knowledge that negligence caused you to suffer. If the accident that caused injuries or illness affected a minor, an adult with their best interests at heart can act on their behalf by undertaking all the relevant duties in the case. At UK Law we can offer guidance on how to start a claim in this way. You can also act in this capacity for someone who is otherwise unable to represent themselves.
Always seek immediate medical attention. If you suffered an accident in the workplace, it should be reported immediately to the management or safety officer. It should also be reported in an accident log and if serious, recorded under the RIDDOR system of reporting workplace accidents. If the accident occurred in a public place, also report the incident.
To initiate a claim for compensation, it is wise to start to collect together all the relevant evidence for your general and special damages calculations. A medical assessment may be arranged with an independent specialist (your No Win No Fee lawyer can help arrange this). This can provide accurate proof of physical injury. At the same time, retain all proof of your out-of-pocket expenses.
Your No Win No Fee lawyer can provide vital advice about how to track and monitor costs to you as a result of the injuries. Some expenses can accrue weeks or even months after the accident. As you can only make one claim for personal injury, it’s sensible to ensure that all amounts are included the first time.
Funding legal representation with a Conditional Fee Agreement or No Win No Fee arrangement means that there are no upfront costs to pay. Generally, your solicitor will not ask for any costs while the case is progressing. If the case fails you will not be expected to pay anything to your solicitor. When the case wins a maximum of 25% for a Conditional Fee Agreement will be taken to account for the success fee required by the solicitor.
Simply get in touch with our team and explain the circumstances of your injuries. If it’s deemed that you have a legitimate case against an employer, a private operator or another road user, our team could help. They can discuss the No Win No Fee claims process in detail. They can alert you to all the potential costs beforehand.
Thank you for reading this guide. If you were wondering what percentage do solicitors take in personal injury claims, we hope that it has helped. At UK Law we can assist with all other types of questions that may arise around this topic. If you suffered a slip, trip or fall in a public place, we can help. Also, we offer guidance on accidents in the workplace and how you could claim in a cycle injury incident. Please don’t hesitate to get in touch by:
- Calling us on 020 3870 4868,
- Emailing or writing to us at UK Law
- Use the ‘live support’ option, bottom right of this screen
- The question ‘what percentage do solicitors take is one that we can answer for you right now when you get in touch.
How long do No Win No Fee claims take?
it’s important to note that there is no definitive time frame for cases like this.
Why do lawyers do No Win No Fee? – what percentage do solicitors take?
No Win No Fee agreements help claimants who do not have fees to pay solicitors upfront. Solicitors can take a maximum percentage of 25% under a Conditional Fee Agreement.
Is the ‘After the event’ insurance necessary?
The opposing side may not seek damages and court costs back from you. Obviously being faced with the other parties costs is the last thing you want after an unsuccessful outcome to your case. The ATE insurance provides a safeguard for you.
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