By Mark Collins. Last Updated 16th August 2022. Welcome to this guide to the success fee in personal injury claims. If you’ve suffered an injury due to third-party negligence, you could claim compensation by making a personal injury claim. You would need to prove negligence and your suffering using evidence to successfully receive compensation. Therefore, you may want to use the services of a No Win No Fee personal injury lawyer to help you. However, as part of that, you may wonder how much you may have to pay in lawyer success fees for personal injury claims. This guide explains how success fees could affect personal injury compensation payouts for 2022 claims and more. We explain how a success fee in personal injury claims is determined. Plus, when it comes to the success fee, our top tips will tell you what to look out for.
How Much Do Solicitors Take From A Claim?This guide will answer that as well as answer the following questions:
- What percentage of personal injury claims are settled?
- What is a reasonable success fee?
- Are success fees recoverable?
- What is the personal injury claims time limit?
- What is after-the-event (ATE) insurance?
- How can our personal injury solicitors help you receive compensation?
Our advisors offer free legal advice and are available 24/7, so if you have any queries, like wanting to know the legal costs you could incur or if you’re eligible to claim, please contact us using the details below.
- Call us using 0800 073 8801.
- You can provide us with details at firstname.lastname@example.org.
- Use the Live Chat window that’s on your screen to write to us online.
- Contact us via our website.
Please read on to learn more about the litigation surrounding success fees and in what instances you’d have to pay them.
Select A Section
- A Guide To Success Fees In Personal Injury Claims
- Success Fees – What Is A Success Fee?
- Changes To Success Fees From 2012
- Why Were Success Fees In Personal Injury Claims Changed?
- How Are Claims Assessed?
- What Are The Maximum Success Fees In Personal Injury Claims?
- What Is A Reasonable Success Fee?
- Injury Compensation Calculator UK
- Are There Time Limits To Begin Your Claim?
- Success Fees In No Win No Fee Personal Injury Claims
- Why Choose Us To Handle Your Claim?
- Contact A Solicitor
- About Solicitors
- Success Fee FAQs
Using any legal representation on a No Win No Fee basis means that you enter into an agreement. In some circumstances, this would be a Conditional Fee Agreement (CFA). This means that both you and the solicitor or lawyer agree that they’ll provide their services as part of the personal injury claim, and, due to this, you’d pay their fees in certain circumstances.
A success fee is a fee taken by a personal injury solicitor to cover their services and the costs of representation. Therefore, you may be wondering how much of your compensation could be taken due to paying for success fees in personal injury claims. This guide will answer this and answer other important questions regarding personal injury claims.
Don’t forget: you can always contact us using the details listed above. Our advisors are available 24/7, so you can call them at a time that works for you. They can answer any queries about claiming and even provide you with a reliable estimate of the compensation you could receive.
You may be wondering, “what is a success fee?”. If you hire a solicitor on a No Win No Fee basis and your claim succeeds, a success fee is deducted from your compensation amount. This is how you would pay them for their work rather than an upfront fee.
This fee is legally capped at a certain percentage, meaning you retain the majority of your settlement. However, this also means that solicitor fees for personal injury claims could therefore vary depending on the payout you’re awarded.
If the claim is unsuccessful, you don’t pay the success fee to your solicitor. Get in touch at any time if you have any questions about success fees.
Due to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, from 1 April 2013, the costs of after-the-event (ATE) insurance and success fees in personal injury claims were no longer covered by the defendant in a successful claim. They could still cover other legal costs due to the claim because they have been deemed liable for the injury. However, the success fee and ATE insurance would need to be covered by you, the claimant, if the claim is successful.
The definitions of these are as follows:
- A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.
- ATE insurance is to cover the claimant for legal costs if the claim is unsuccessful. It’s a type of legal expenses insurance policy. This is to cover the defendant’s legal costs. You would need to pay these if you were deemed liable.
The importance of both of these will be explained to you before you agree to work with your personal injury solicitor. They will clearly explain how the claims process works and judge the risks involved in taking your case.
Success fees in personal injury claims can be higher if the solicitor deems that your claim is a larger risk or needs a greater amount of work. However, as stated above, this is capped at 25% of your compensation as per regulations set by The Ministry of Justice.
How success fees in personal injury claims are paid changed because it was deemed unfair to the defendant. This is because the claimant, regardless of whether they won the case, didn’t have to pay anything due to the CFA and ATE policy they had in place, which covered them for the potential legal fees.
Therefore, previously, if your claim was successful, the defendant would potentially need to pay:
- Their legal costs and disbursements.
- Your corresponding legal costs and disbursements.
- The success fee that is paid to your legal representation.
- Your ATE premium as the claimant only bought the policy in case they lost and, because they didn’t, it was previously considered the defendant’s liability to cover this as well.
All in all, this equated to a large number of fees that had to be paid. It was judged that the defendants shouldn’t have to pay the ATE premium or the success fee because it was unfair. The ability to recover ATE premiums and CFA success fees from the defendant was abolished and, therefore, needed to be paid by the claimant instead.
As such, the answer to the question, “are success fees recoverable from the defendant?” is no, due to the change in litigation. If you want free legal advice, such as a potential compensation quote, please call our advisors using the contact details above.
If you bring your case to a personal injury solicitor, they will weigh up the potential risks involved. After all, they won’t want to waste anyone’s time seeking compensation when the odds of a successful outcome are poor.
Therefore, they often use their previous experience and contact third parties who can help give them an assessment of your case’s viability. Ultimately, success fees in personal injury claims can help keep establishments, like No Win No Fee law firms, afloat.
Previously, unsuccessful cases could lead to a solicitor having to cover their legal costs. Even with the success fees taken from successful claims, if the unsuccessful claims are drawn-out cases that require court proceedings, it could negate any profit they’ve made from the successful ones.
As such, a CFA is widely regarded as being the best of both worlds. With a successful claim, the personal injury lawyer takes enough of the compensation for their work while you still receive a sizeable amount of compensation.
You could claim for many types of incidents that were caused by third-party negligence. For instance, if you’ve been injured due to a car accident, whether it’s caused by a faulty traffic light or a drunk driver colliding with your vehicle, causing you brain damage, you may be able to claim. Contact us online or over the phone for free using the details above.
With a CFA, your lawyer effectively shares the risk with you that you could lose the personal injury claim. This is because despite them thinking that you have a good chance of winning, nothing is certain. This is one of the reasons success fees in personal injury claims ultimately exist—to pay the solicitor for:
- The risk involved in potentially not being paid
- The work they’ve done
- Any delay in receiving payment
A damages-based agreement (DBA) is slightly different. In a CFA, the percentage your solicitor can take will be determined by the above factors, such as the amount of work they’ll need to do on your case. However, a DBA is a contingency fee agreement where the lawyer can take part of your damages as payment simply if the claim is successful.
How much do solicitors take from a claim?
With personal injury claims, for both types of agreement, the success fee percentage they can take as payment is still up to 25% of your damages.
For damages-based agreements, if the claim doesn’t fall under personal injury or employment law, the fee can be a maximum of 50% of the compensation.
Answering “what is a reasonable success fee?” is difficult because what is considered reasonable is ultimately subjective. However, many personal injury solicitors work incredibly hard to give you the best chance of receiving compensation and, if successful, they’ve used their knowledge and experience to help you receive justice for the injury.
Many solicitors argue that No Win No Fee agreements make justice easier to ascertain for people who can’t otherwise afford the costs of a solicitor’s services. With that in mind, you could argue that you receive the compensation you may not have been awarded had it not been for your personal injury lawyer.
However, if you use legal representation, they should clarify the terms of your agreement before you agree to hire them. This includes:
- Clarifying the proportion or amount of compensation they may take as payment
- The timescale regarding how long the personal injury claim could go on for
- Confirming that you have the sufficient ATE policy for the claim that’s required
If you agree to a CFA with a solicitor, the amount they could take will vary depending on the work required. In cases that could result in a large payout, our solicitors can offer a success fee of just 15%.
To know more about what you could receive, you could check a personal injury claims calculator online. However, though they can be helpful, they can miss the nuances of your claim. So if you prefer, speak to one of our advisors using the contact details above for a free, accurate estimate.
The amount you could receive for a personal injury claim partly depends on the losses you are able to claim. There are two potential heads of claim.
- Physical and psychological damage and the general decline in your quality of life caused by the injury are covered by general damages.
- Financial losses suffered due to the injury, however, are covered by special damages. These include claiming for loss of earnings, travel expenses and loss of future earnings.
The general damages amount you could receive depends on the extent of your injury and how it’s negatively impacted you. Special damages are also something you need to prove through (for example) bank statements, receipts and invoices. Therefore, both are calculated independently based on the evidence you’re able to provide.
Concerning general damages payouts, work from the Judicial College means that we’re able to provide you with a compensation estimate. This is in the form of a compensation bracket. The Judicial College has analysed payouts and compared them to the severity of the injury to show what compensation you could receive.
Please remember that these estimates will not accommodate the success fees in personal injury claims that may be taken from your compensation. This is because the amount will depend on the agreement you have with your personal injury lawyer or solicitor.
Below is a list of injuries and their respective compensation brackets. The Judicial College provides these.
|Area of Injury||Amount of Compensation||Description|
|Fracture of Jaw (i)||£30,490 to £45,540||Injuries in this bracket include very serious multiple jaw fractures causing extensive treatment and permanent symptoms, including severe pain, eating restrictions and paraesthesia.|
|Foot Injuries: (d) Severe||£41,970 to £70,030||Injuries in this bracket include fractures of both heels leading to a substantial restriction on mobility or permanent and considerable pain.|
|Knee Injuries: (a) Severe (ii)||£52,120 to £69,730||This bracket includes a leg fracture that extends to the knee joint causing constant pain and permanent impaired agility or movement.|
|Hand Injuries: (e) Serious Hand Injuries||£29,000 to £61,910||Injuries in this bracket will, for example, have reduced the hand to around 50% capacity.|
|Wrist Injuries||In the region of £7,430||A simple and uncomplicated Colles' fracture.|
|Epilepsy: (a)||£102,000 to £150,110||The injured person will suffer from established grand mal seizures caused by epilepsy.|
|Injuries to the Pelvis and Hips: (a) Severe (iii)||£39,170 to £52,500||Numerous injuries fall into this bracket, such as a hip fracture that requires it to be replaced or an acetabulum fracture leading to degenerative changes.|
|Shoulder Injuries: (a) Severe||£19,200 to £48,030||Injuries in this bracket are usually associated with neck injuries as they involve damage to the brachial plexus.|
|Back Injuries: (a) Severe (i)||£91,090 to £160,980||Cases in this bracket are the more severe back injuries involving nerve root and spinal cord damage, leading to a combination of very serious consequences not usually associated with back injuries.|
|Injuries to the Elbow: (c) Moderate or Minor Injury||Up to £12,590||Moderate or minor elbow injuries fall into this bracket, including simple fractures, tennis elbow syndrome and lacerations.|
A personal injury claims calculator can provide you with a general damages estimate for one or multiple injuries. This can give you a better idea of what you could receive. However, our advisors can offer you a free, accurate estimate if you reach out to us. That’s because they can factor in the different circumstances surrounding your case that could impact compensation levels.
You may be wondering, “is there a personal injury claims time limit?”
The answer is yes. Usually, you have either three years or three years from the date you’ve been made aware that the injury was due to negligence to start a claim. The latter option is usually for people who have suffered internal injuries that they were unaware of until years after the event. This could be the case, for instance, if you’ve worked with asbestos, as this could lead to lung disease.
Exceptions to be aware of
There are, however, exceptions to the above. If, for example, your child suffers an injury due to third-party negligence, they generally have three years from the date of their eighteenth birthday to begin claims proceedings. However, if you’d like to claim on their behalf before then, you could be appointed as their litigation friend.
Furthermore, if a person doesn’t have the mental capacity to claim, someone else can do so on their behalf without the pressure of needing to do it by a specific time. This is to say that the above time limit doesn’t apply in these circumstances. However, if the person recovers mental capacity, they would have three years to claim from the date of their recovery.
This is all established in the Limitation Act 1980.
We’ve discussed in detail the potential cost of success fees in No Win No Fee personal injury claims. However, while it could account for 25% of your compensation, it’s important to bear in mind the benefits of No Win No Fee agreements:
- You won’t need to pay solicitor fees during the claims process or upfront.
- Instead, a success fee would be taken from your compensation if the claim is a success.
- You also won’t have to pay solicitor fees at all if your claim is unsuccessful.
Our advisors offer free legal advice and are available 24/7 so, whether you want to know about the different types of public injury claims or want to know how to claim compensation, you can call us at a time that works for you. They can tell if you’re eligible to claim and provide you with a reliable compensation estimate.
No Win No Fee solicitors make seeking legal justice more affordable to people who might not be able fund a solicitor’s services. They’re experienced, hard-working and knowledgeable in personal injury law. In certain cases, they can even offer a lower success fee, meaning just 15% of your compensation could be taken as payment instead of the standard 25%.
Contact our team at a time that works for you to see if you could potentially receive compensation.
- Call us on 0800 073 8801
- You can provide us with injury details be emailing email@example.com.
- Use the Live Chat window that’s on your screen to write to us.
- Contact us on our website
To know more about personal injury claims, please use the links below.
If you suspect you may have broken a bone, use this NHS webpage to learn more.
Want UK work-related injury statistics? If so, visit the Health and Safety Executive (HSE) website.
You may be wondering, “how many personal injury claims go to court?” To learn more, read this page on our website.
Want to know if you’re eligible to claim due to an accident on the street? If so, read our guide.
To learn more about personal injury claims, view this page.
Answers to FAQ’s about personal injury claims can be found below.
What is a reasonable success fee?
It depends on the extent of work that the personal injury solicitor is doing to build your case. The Ministry of Justice has ruled that they cannot take more than 25% of your compensation for a personal injury claim.
Are success fees recoverable?
No, they’re not recoverable from the other side as they’re seen as a necessary payment for the claimant in the event of a successful claim.
How much do solicitors take from a claim?
Success fees in personal injury claims are capped at 25%.
What percentage of personal injury claims are settled?
The vast majority of personal injury claims are settled without going to court. It depends on factors such as whether the defendant is willing to admit liability for the injury you’ve sustained.
Where can I find guidance on personal injury compensation payouts for 2022 claims?
You can find guidance on personal injury compensation payouts for 2022 claims in the compensation table on this page. The figures you see in the table come from a publication called the Judicial College Guidelines. We have used the 16th edition of this publication, released in April 2022 to create the table.
Please note, however, that these guidelines only relate to general damages. They do not include special damages. Additionally, various other factors will be considered when valuing your claim. Therefore, your total payout could differ significantly from the figures listed in the table. If you would like to know more about personal injury compensation payouts for 2022 claims, we would be happy to speak to you.
What is a success fee in a personal injury claim?
If you hire a solicitor who offers No Win No Fee arrangements, such as a Conditional Fee Agreement, you will need to pay a success fee if the claim succeeds.
However, success fees are explained by your solicitor prior to them beginning work on your case. Additionally, the agreement you sign will outline what the fee covers and how it is deducted. You won’t pay the success fee in a personal injury claim that fails.
Top Tips For A Lower Success Fee
As per the Conditional Fee Agreements Order 2013, the success fee is capped at 25%. Whilst this is the maximum a solicitor can take from your compensation if your claim succeeds, you could ask for a lower percentage.
If you wish to work with one of our solicitors, call our team. They can advise on the success fee in personal injury claims in more detail. Furthermore, you can ask about a discounted rate.
What could impact the success fee in a personal injury claim?
There is a legal cap on the success fee in personal injury claims a solicitor could ask for. They could not ask for more than 25% of your total settlement. Some solicitors might ask for less than this, but in general, most solicitors ask for 25%, as it helps to cover their time in pursuing your claim. Further to this, the success of your claim could affect your success fee. If your claim is, for some reason, unsuccessful, you wouldn’t need to pay the success fee.
Where can I get more guidance on success fees?
If you call our team with any questions you have about the success fee for a personal injury claim, we’d be happy to talk to you.
If you require any additional information about success fees in personal injury claims, please call on the number above.