Myths About No Win No Fee Scams

No win no fee claims myths

No win no fee claims myths

In this guide, we are going to look at whether No Win No Fee scams exist. As you may know, No Win No Fee services are offered so that you don’t need to pay your solicitor’s fees if your claim is unsuccessful. However, do you know what other charges you could need to pay? Well, in this guide, we’ll explain when you could fund your solicitors services on a No Win No Fee basis and what type of claims are possible. We’ll also consider how the claims process works and what level of compensation you could be paid.

Accident Claims UK can help if you do decide to make a claim. We have a team of specialist advisors who are here to review your claim and provide free legal advice. They could also connect you with one of our regulated personal injury lawyers if your claim is strong enough. As you may expect, our solicitors offer a fair No Win No Fee service if your claim is accepted.

If you would like to find out if our solicitors can help you make your claim, please call our advice line on 0800 073 8801. To find out more about No Win No Fee myths before speaking with us, please continue reading.

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A Guide To Myths About No Win No Fee Scams

Many people worry about taking legal action. That’s because they may feel it can be stressful, costly and sometimes unsuccessful. That’s the reason many solicitors offer a No Win No Fee service as they allow claimants not to worry about losing money on solicitor’s fees.

For many, though, they believe that No Win No Fee scams exist because of the old adage that “If it appears too good to be true, then it probably is”. However, in this guide, we will try to dispel any No Win No Fee myths you have heard. The services our solicitors offer are fair, legal and could be used to help you claim thousands of pounds in compensation.

Personal injury claims are only possible if you can show that:

  • The defendant owed you a duty of care; and
  • That duty was breached by an act of negligence by the defendant; and
  • You were injured in an accident caused as a direct result of that negligence.

If the above all appear to be true in your case, you could be eligible to claim. You could also use  our No Win No Fee service. You can use No Win No Fee services for road traffic accident claims, medical negligence claims and various different personal injury claims.

The other thing to bear in mind is that, generally, claims have a 3-year time limit. This will either start from the date of your accident or your ‘date of knowledge’. This is the date when your injuries were diagnosed.

Please call our team today if you have any questions or if you’d like to begin a No Win No Fee Claim.

What Are Myths About No Win No Fee Scams?

Over the coming sections of this guide, we’ll look at some of the myths relating to No Win No Fee scams. The purpose of this guide is to reassure you that No Win No Fee services are a valid method of funding the services of a solicitor in a personal injury claim. They can reduce your financial risk and, in turn, will make the claims process a lot less stressful.

Our solicitors are registered with the Solicitors Regulation Authority (SRA) which means they work to the highest standards. Our claims process is clearly explained in our No Win No Fee agreements and any fees are clearly explained.

That said, we’ll try to put your mind at ease about some common personal injury claim myths as we continue. If at any time you have any concerns or doubts about starting your claim, our team are available on the phone or via live chat. Why not have your case assessed for free and they could help you decide whether you have a chance of being compensated or not.

That No Win No Fee Scams Happen And Are Complicated – Myth?

Any solicitor or law firm that wishes to represent clients in England and Wales must be registered with the SRA. If they cooperate in scams, charge too much or are not ethical in the way they work, they can be struck off the solicitors register. Therefore, one easy way to make sure you’re not being scammed is to check that the law firm in question has an SRA number (ours is at the bottom of this page).

Another way people might think a No Win No Fee claim is a scam is if the solicitor’s fees are not clearly defined. This could result in a shock when the claim is finalised. Therefore, before signing a No Win No Fee agreement, you should check:

  • Who pays for medical reports, barristers fees and the defendant’s legal fees if the case is lost.
  • What happens if you decide to drop the case against the solicitor’s advice.
  • If you’ll be charged for settling out of court against the solicitor’s advice.
  • What happens if the defendant is ordered to pay your costs but doesn’t have the means to do so.
  • Whether you’ll need to take out an After The Event Insurance (ATE) policy to cover costs if the case is lost. If so, who pays for it?
  • What level of cover your ATE policy has and whether that is likely to cover all costs.

If you decide to work with Accident Claims UK, we will provide a No Win No Fee agreement that is clear and concise. There won’t be any hidden fees and we’ll happily explain everything within your agreement before you sign it. Please get in touch today if you’d like to begin the claims process.

No Win No Fee Claims Are Costly – Myth?

This is quite a common No Win No Fee myth. No Win No Fee is an umbrella term for contracts whereby both the client and the solicitor enter into an agreement that states on what conditions the solicitor will be paid. It is true that if your claim is successful, your solicitor will deduct some of your compensation. This is called a success fee. However, such fees are capped to stop claimants from being charged too much. The maximum allowable success fee for a Conditional Fee Agreement which is a type of No Win No Fee arrangement is 25% of any settlement. Most solicitors charge the maximum success fee. However they can charge anything from 0% to 25%.

So that you are aware of the amount you’ll pay, the success fee is written into your No Win No Fee agreement. That means there shouldn’t be any surprises when your claim is finalised.

Making A Claim Is Too Much Hassle – Myth?

Those who are sceptical about No Win No Fee scams might think that it is too much work to seek compensation. However, nothing can be further from the truth. If your claim is accepted by one of our solicitor’s they’ll handle most of the claims process on your behalf. They will:

  • Collect evidence to show how you were injured and who was to blame.
  • Arrange for a medical assessment to be booked locally.
  • Prepare your claim and file it with the defendant.
  • Act as the point of contact for your claim so that you don’t get bogged down with complex legal questions.
  • Send regular updates about your case so that you are kept in the loop.
  • Argue your case if there are any objections raised by the defendant’s insurers.
  • Consider all settlement offers to try and make sure they fully cover the suffering you’ve endured.
  • Try to achieve the maximum level of compensation possible for you.

As you can see, unless your solicitor requires further information from you, there will be very little for you to do during the claims process. Other than waiting for the claims process to follow its natural course, you can simply sit back and relax.

No Win No Fee Claims Always Go To Court – Myth?

Another myth associated with No Win No Fee claims is that they will have to be decided in court. Again, this simply isn’t true. In our experience, very few cases (less than 5%) end up in court. The intervention of a court is only required if an amicable agreement can’t be reached between both sides. They are costly and time-consuming so, where possible, insurers and solicitors will usually try to avoid them.

The reason that’s the case is that a personal injury solicitor will always check the validity of any claim before they offer a No Win No Fee service. That means they’ll check to see if liability can be easily proven. This means that when they contact the defendant’s legal representatives, they’ll already know that the claim has a reasonable chance of success.

No Win No Fee Claims Take Too Long – Myth?

When people talk about No Win No Fee scams, they’ll often say that such claims take longer than others to process. If you think about it logically, there would be no benefit for a solicitor to delay the case as they don’t get paid an hourly rate and you don’t have to pay their fees until the claims process is finalised.

Where liability is agreed upon quickly, some personal injury claims can be settled within a matter of months. That said, where liability is denied, claims can take over a year before they are settled.

Our solicitors provide an efficient service to try and process claims as quickly as possible. However, they won’t rush things if it means that you don’t receive the correct level of compensation.

Myths About Workplace Injury Claims

If you’ve suffered an injury at work because your employer was negligent, you could be entitled to claim compensation. Therefore, in this section, we’re going to take a look at no win no fee myths about workplace accident claims. Here are a couple that crop up regularly:

Your employer can fire you for making an injury claim

It is against the law for you to be treated any differently for making a workplace injury claim. That means you can’t be demoted, sacked or treated differently. If this were to happen, you may have valid grounds to claim for unfair or constructive dismissal.

We should state that disciplinary action is possible if you make a claim against your employer that is untrue.

You can’t claim against a previous employer

This is not true. You can claim against any employer, past or present if their negligence has caused you to suffer. However, you must begin your claim within the injury claim time limit. For accident claims, this will usually be 3-years from the date of your accident. However, for industrial illnesses that might take decades to develop, you need to start the claims process within 3-years of receiving your diagnosis. In some cases, claims are possible against an insurance policy or through a government scheme if your employer is no longer trading.

Calculating No Win No Fee Claims Payouts

If your claim for a personal injury is successful and you are to be awarded compensation then you can claim two types of damages. When you ask to be compensated for your injuries, general damages can be sought to cover any pain and suffering you’ve sustained. To help prove the extent of any injuries, you’ll need a medical assessment. Our solicitors can arrange these locally so that you won’t need to travel too far.

The report from your assessment will be compared with guidelines provided by the Judicial College. That will enable them to provide you with a compensation estimate. We have used the same guidelines in our compensation table below to show what level of compensation might be awarded for a range of different injuries.

Type Of InjurySeveritySettlement BracketAdditional Comments
Scars (facial)Significant (c)£8,550 to £28,240Scarring of the face where the worst effects can be reduced by plastic surgery but leaving some cosmetic disability.
CheekboneFracture (i)£9,570 to £14,810 Serious fractures that leave some element of disfigurement and result in lasting problems like paraesthesia in the lips or cheeks.
NeckModerate (iii)£7,410 to £12,900This category includes moderate soft tissue injuries where there has been a protracted recovery period.
BackMinor (i - ii)£2,300 to £7,410Soft tissue injuries of the back where full recovery is achieved in around 3-months to two years without surgery.
ArmsAmputation (b(i))Not less than £128,710At the shoulder arm amputation of one arm.
LegsLess Serious (i)£16,860 to £26,050Fractures where reasonable recovery levels will have happened but where the victim is left with a limp, impaired mobility or similar issues.
AnkleModerate (c)£12,900 to £24,950Fractures that result in disabilities like difficulty standing for long periods or irritation from metal plates.

If we take your claim on, your solicitor will be able to offer a personalised compensation estimate once your medical report has been filed.

What Special Damages Are Awarded In No Win No Fee Claims?

Personal injury claims and other compensation claims can also include a head of loss called special damages. This is a payment to cover any costs, expenses or monetary losses linked to your injuries. There’s no set amount that can be paid as settlements are based purely on your costs. The types of things that might be included as special damages include:

  • Lost income. You shouldn’t lose out on your income when you’ve suffered because of somebody else’s negligence. Therefore, you could claim any reduction in salary that was caused by your injuries.
  • Care costs. If somebody needs to support you with daily activities while you recover, you could claim back any associated costs. This could include the fees of a professional carer or an hourly rate for the time a loved one spent helping you.
  • Travel expenses. It’s not unusual to incur fuel, parking or public transport fees associated with hospital appointments following an accident. Therefore, these costs could be added to the value of your claim.
  • Home modifications. If you need to change the layout of your home (or vehicle to help you cope with a disability, the cost of doing so might be included in your claim.
  • Medical expenses. As a result of your injuries, you might need to pay for prescriptions or other medications. You may also need treatment not available on the NHS. These costs could also be added to your claim.
  • Future lost earnings. Where your injuries have an adverse impact on your ability to work and earn, your future losses could be included in the value of the claim.

Avoiding No Win No Fee Scams When You Make A Claim

So, now that we’ve shown that No Win No Fee agreements are a legitimate way to fund the services provided by a solicitor, how do they work? Well, in the first instance, your claim will need to be reviewed. If a solicitor agrees to take your claim on, they’ll send you a No Win No Fee agreement. This will be referred to as a Conditional Fee Agreement (CFA) and it will clearly show what criteria need to be met before you need to pay any solicitor’s fees.

If your claim is won, your solicitor will deduct a fixed percentage from any compensation you receive. This is called a success fee. The percentage you’ll pay is listed in the CFA and it is capped legally to prevent overcharging.

As with any contract, you should read your CFA carefully to ensure you fully understand the fees involved. If you would like us to check if you could use our No Win No Fee service, please call our team today.

Talk To A Specialist

If you would like more information about No Win No Fee solicitors, why not contact our specialists today. To do so, you can:

When you get in touch, we’ll offer a no-obligation case review and supply free legal advice. If you choose to proceed, and your claim is taken on, your case will be managed by one of our No Win No Fee solicitors.

Essential References

To help you further if you do decide to file a personal injury claim, we’ve provided some additional resources below:

Problems With A Solicitor – This article by the Solicitors Regulation Authority explains how you could overcome any issues with a law firm.

Whiplash Reform Programme – An FAQ from the government on changes to the new process for low-value road traffic accident claims.

NHS Services – This handy tool could help if you need to look up where to request copies of medical records during a claim.

Criminal Injury Claims – Details of how No Win No Fee solicitors can help you claim for injuries caused by violent crime.

Psychological Injuries – This guide explains when you could claim for anxiety, distress or depression caused by your accident or injuries.

Misdiagnosis Claims – Information on how a No Win No Fee lawyer could help you claim for suffering caused by misdiagnosis.

FAQs

To finish off our guide on the myths associated with No Win No Fee scams, we’ve answered a handful of FAQs on the matter.

What happens if your claim is unsuccessful?

With No Win No Fee solicitors, if your claim is unsuccessful, you won’t have to pay the cost of your solicitor’s fees. This is the risk they take on when offering services and it’s why not all claims are suitable for such a service.

Do I need Before The Event or After The Event insurance?

Before The Event (BTE) or After The Event (ATE) insurance could help you cover the costs or liabilities that arise in a personal injury claim. BTE is insurance that you may have through a home or motor insurance policy. ATE is a policy a solicitor may ask you to take out before they’ll agree to work on a No Win No Fee basis.

How successful are no win no fee cases?

There aren’t any published statistics related to personal injury claims so it’s difficult to say how many No Win No Fee claims are successful. However, it is worth bearing in mind that before a solicitor will offer to work on this basis, they’ll check the case over thoroughly. That’s because, if they don’t win the case, their fees won’t be paid. That means any solicitor who works on a No Win No Fee basis will believe it has a decent chance of success.

Thank you for reading our article about No Win No Fee scams. Please contact us if you would like any further information.