By Lewis Hendrix. Last Updated 27th July 2023. Many solicitors offer their clients the option to make a No Win No Fee compensation claim. This guide will explain what claiming on this basis can mean and the financial benefits involved in doing so.
Additionally, we will explore the different types of claims that could be made on this basis. For example, claims following:
We will also look at the compensation that you could be awarded should your claim succeed and the factors that can be considered when calculating how much you are owed.
To learn more, please contact us today using the details below.
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- What Is A No Win No Fee Compensation Claim?
- Types Of Claims You Could Make With A No Win No Fee Solicitor
- What Happens If My Claim Is Successful?
- What Happens If My No Win No Fee Compensation Claim Fails?
- Time Limit For Claiming With A No Win No Fee Solicitor
- No Win No Fee Compensation Claims Calculator
- Why Make Your No Win No Fee Compensation Claim With Our Team?
A No Win No Fee compensation claim is an arrangement that can mitigate the financial risk of hiring a solicitor and accessing their services. There are different types, such as:
- A Conditional Fee Agreement (CFA)
- A Damages Based Agreement (DBA)
Whilst they each work differently, they can typically allow you to access a solicitor’s services without paying upfront.
This guide will provide further information on these two types of agreements in further detail throughout this guide. Continue reading for more information. Alternatively, call our team if you have any questions.
There are several types of claims that a No Win No Fee solicitor could represent. Below, we have provided details on these.
Personal Injury Claims
A personal injury claim can be made if you can prove that negligence occurred. This is where a third party who owed you a duty of care, breached their duty and caused you harm as a result. There are several third parties who could owe a duty of care including:
- Employers: The Health and Safety at Work etc. Act 1974 sets out the duty of care employers owe their employees. It states that they need to take steps, which are considered reasonable, to minimise the risk of employees experiencing harm as a result of known hazards. A failure to do so could lead to an accident at work in which an employee sustains harm. In this instance, it may be possible for the employee to make a personal injury claim.
- Road users: Under the Road Traffic Act 1988, road users must navigate the roads in a way that reduces the risk of them and others sustaining harm. This is their duty of care. There is also guidance as well as rules, which are backed elsewhere in law, in the Highway Code. A failure to uphold their duty of care could lead to a road traffic accident, such as a car accident, that causes another road user to sustain harm leading them to make a claim for a personal injury.
- The party in control of a public space: The duty of care they owe is set out in the Occupiers’ Liability Act 1957. It states they must ensure the reasonable safety of those visiting the space. If they fail to do so and a member of the public is caused harm in an accident, they may be eligible to make a public liability claim for the personal injury they experienced.
Medical Negligence Claims
No Win No Fee solicitors can also handle claims for medical negligence. Medical negligence is when a medical practitioner fails to provide the correct standard of care leading to you experiencing avoidable or unnecessary harm.
For example, a doctor may fail to correctly diagnose you with a fractured leg, misdiagnosing you instead with a sprain, despite you having clear symptoms of a broken bone. This could lead to you experiencing complications due to receiving delayed treatment for your original condition.
In this instance, you could make a medical negligence claim for the avoidable harm caused by a medical professional breaching the duty of care they owed you.
Data Breach Claims
A solicitor could also offer to represent your data breach compensation claim. A personal data breach claim could be made if you can prove that a data controller or processor failed to adequately protect your personal information under data protection law. You must also demonstrate that this resulted in your personal data being breached which caused you financial loss or emotional harm.
To learn more about the laws in place to protect your personal data, the responsibilities a data controller and processor have, and when you could claim if they fail to adhere to data protection law, get in touch on the number above.
If your No Win No Fee compensation claim succeeds, often a success fee is deducted from your compensation. However, the percentage taken can depend on the type of agreement you are offered by your solicitor.
For example, if you are offered a CFA, the Conditional Fee Agreements Order 2013 caps the success fee at 25%. This means your solicitor cannot take more than this amount. The fee they charge is influenced by how much work your solicitor has done on the case. This means that a simple case may see a lower percentage taken than if the case was more complex.
Alternatively, if you are offered a DBA, the rate of the success fee is charged as a flat percentage regardless of how much work they have done on the case. However, for personal injury claims, the Damages-Based Agreements Regulations 2013 caps this amount.
If you decide to work with one of our solicitors, they can offer their services under a CFA. As such, you wouldn’t pay for the services they provide under the following circumstances:
- While the claim is ongoing
- If the claim fails
To learn whether one of our solicitors could represent your No Win No Fee compensation claim, get in touch on the number above.
When working with a solicitor on the basis of a No Win No Fee, your personal injury claim should be submitted within three years from the date you were injured. The limitation period is outlined in the Limitation Act 1980 and also applies to claims involving road traffic accidents, public liability, and accidents at work.
However, there are certain exceptions to this limitation period. For example, the time limit is frozen for minors until their 18th birthday. From this date, they will have until their 21st birthday to start a claim. Prior to this date, a litigation friend could make a claim on their behalf. Furthermore, the time limit is suspended indefinitely for those who lack the mental capacity to make their own claim. During this time, a litigation friend could act on their behalf. If they were to regain this mental capacity and a claim wasn’t made for them, they will have three years from the date of recovery.
For medical negligence claims, you will have three years to start your case from the date you were harmed, or first connected the harm with negligence. This is known as the date of knowledge.
For personal data breach claims, you will have 6 years to start your claim. This time limit is reduced to 1 year for claims against a public body.
To see if you are within the time limit to start your claim, or to see if one of our No Win No Fee solicitors could assist you with your case, you can contact our advisors.
After making a successful personal injury claim, you could receive a payout consisting of general and special damages. General damages compensate for the impact your injuries have had on your quality of life, with consideration given to your physical and emotional pain and suffering.
Below, we have included compensation brackets from the Judicial College Guidelines, to help you understand the general damages payout you could receive. Solicitors can use these guidelines to help them value your injuries. However, the final amount of compensation you receive may differ from what is included in the table.
|Type Of Injury
|Notes On Injury
|Very Severe Head Injury (a)
|Damages for very severe head injuries are based on factors such as life expectancy and degree of insight, physical limitations and sensory impairment as well as behavioural problems and the ability to communicate.
|£282,010 to £403,990
|Severe Post Traumatic Stress Disorder (a)
|The person could be left with permanent effects which prevent injured persons from working at the same degree as prior to the trauma.
|£59,860 to £100,670
|Severe Neck Injury (a) (ii)
|Neck injuries which could involve a serious neck fracture or damage to cervical spinal discs. The injury could lead to a substantial loss of neck movement or loss of limb function.
|£65,740 to £130,930
|Severe Back Injury (a) (iii)
|Fractures or disc lesions or fractures of vertebral bodies. May also include soft tissue injuries. The person could experience personality changes or alcoholism. There may be a risk of arthritis in the future.
|£38,780 to £69,730
|Serious Shoulder Injuries (b)
|Shoulder dislocation and injuries to the lower brachial plexus. The injury will cause pain in the person’s shoulder as well as aching in the elbow joint and neck pain.
|£12,770 to £19,200
|Severe Injuries To The Pelvis And Hips (a) (i)
|An extensive pelvic fracture where there has also been a dislocation of the lower back and bladder ruptures or hip injuries which also result in spondylolisthesis of a joint in the lower back.
|£78,400 to £130,930
|Less Severe Arm Injuries (c)
|A less severe arm injury which does fall short of amputation. The injury is extremely serious and leaves the person as not much better off than if they had lost the arm.
|£96,160 to £130,930
|Less Severe Elbow Injuries (b)
|Elbow injuries which cause the impairment of elbow function but which does not involve significant disability or major surgery.
|£15,650 to £32,010
|Wrist Injuries (a)
|Where the wrist injury has led to the complete loss of wrist function.
|£47,620 to £59,860
|Hand Injuries (b)
|There has been serious damage to both hands. Injuries will lead to permanent cosmetic disabilities and where there is a significant loss of function.
|£55,820 to £84,570
Special damages cover the financial costs incurred due to your injuries, such as loss of earnings. You should provide evidence of these losses, such as payslips, to claim them back.
Please call our team today to discuss how much compensation you could receive.
We hope this guide on No Win No Fee compensation claims and the different types of agreements that could be offered has helped. However, if you have any other questions regarding your potential claim, get in touch with our team of advisors. To reach them, you can:
Below, we have provided more of our guides:
- Could I Make A No Win No Fee Claim If I Hurt Myself At Work?
- Wrongful Death Fatal Accident Compensation Claim
- No Win No Fee Cycling Accident Solicitors
- You can also read our guide on how to claim against a GP for a misdiagnosis
Additionally, here are some additional resources that you may find beneficial:
- Employer Responsibilities – Health and Safety Executive
- First Aid – NHS
- Compensation Recovery Unit – GOV
Thank you for reading our guide on No Win No Fee compensation claims. For more information, please get in touch using the details provided below.