If someone breached the duty of care they owed you and caused you harm, you may be eligible to seek compensation. If so, you may wish to hire a solicitor to represent your claim but are concerned about the costs of doing so. However, you could hire a solicitor under a Conditional Fee Agreement (CFA). In this article, we will explain what a CFA is, and how this type of No Win No Fee arrangement can help you fund legal representation.
We will also provide examples of the types of claims covered by a CFA, such as personal injury, medical negligence and public liability.
Furthermore, we will look at what your settlement could comprise following a successful claim.
Our team of advisors are available 24/7 to answer any queries you may have. They can provide free legal advice, and can tell you if you have a valid claim. If they find your claim to be valid, they may be able to connect you with one of our expert solicitors who could represent your claim under a CFA. To get in touch:
Select A Section:
- What Is A Conditional Fee Agreement?
- Types Of Claims Covered By Conditional Fee Agreements
- How Does A Conditional Fee Agreement Work?
- What Are The Advantages Of A Conditional Fee Agreement?
- Personal Injury Compensation Calculator
- Why Make Your Claim Through Our Team?
A Conditional Fee Agreement, or CFA, is a contract between you and a solicitor outlining the services they can offer you. Under a CFA, you are not required to pay your solicitor any upfront fees to access the services your solicitor can provide you.
Furthermore, there will be no ongoing fees to pay while they are processing the claim for you. If your claim does not succeed, you do not need to pay for your solicitor’s services under a CFA.
If your claim does succeed, a payment will be taken from your compensation, known as a success fee. This is legally capped at 25% and is taken from your final compensation award. The Conditional Fee Agreements Order 2013 sets the legal cap.
What Is A Damages Based Agreement?
A Damages Based Agreement is another type of No Win No Fee service. Under this agreement, you only pay your solicitor their fee if you receive a certain amount of compensation. This amount is agreed upon in advance. For example, your DBA may stipulate that your solicitor will only take payment if you receive £500 in damages. If your claim succeeds, but you are awarded £350 in damages, your solicitor will not take a fee.
What Is A Discounted Conditional Fee Agreement?
In some cases, a solicitor operating under a Conditional Fee Agreement may offer to charge a lower rate for the success fee.
Although most solicitors will take the maximum 25%, our solicitors may be able to provide a discounted rate in certain cases. Please get in touch to find out more.
There are many types of compensation claims that can be processed under a Conditional Fee Agreement. Some examples of these claims include:
- Road traffic accident claims such as for car accidents or motorcycle accidents.
- Accident at work claims, such as for a slip, trip and fall
- Claims for medical negligence
- Claims for a personal data breach
These are just a few examples of the types of claims a CFA could cover. If you want to find out more about whether your claim is eligible to be represented by one of our CFA solicitors, contact our team of advisors today.
A Conditional Fee Agreement gives you the opportunity to access legal representation without paying the high costs traditionally associated with a solicitor’s service. Before your claim begins, your solicitor will discuss certain points of the CFA with you, including their success fee, types of insurance, and any other stipulations. This prevents any hidden fees or surprise costs.
Next, your solicitor will begin working on your claim under the terms set out in your CFA. Generally under a CFA, if your claim is successful, you will pay a success fee which is deducted from your compensation. If it does not succeed, you will not be required to pay this success fee.
If you choose to work with one of our solicitors offering their services under a CFA, you could benefit from:
- Expert legal representation with an experienced solicitor
- Having a solicitor help you gather relevant and sufficient evidence to support your claim, such as witness statements
- Excellent communication from your solicitor at each stage of your claim
Additionally, our solicitors can arrange for you to attend an independent medical assessment as part of the claims process. This involves an independent medical professional carrying out an assessment to gain a better understanding of your injuries and the way they have impacted your quality of life. This information can be used as medical evidence to support your case and help solicitors accurately value your settlement.
There is no average payout when it comes to successful claims made under a Conditional Fee Agreement. This is because the amount of compensation you could receive from a successful claim depends on a variety of factors that can change from case to case. These can include:
- The type of injury, and the severity
- How long your treatment will take
- How it affects your daily life
- If you have suffered a financial impact as a result of your injuries
However, generally, your settlement may comprise general damages and special damages. Each of these heads of claim takes into account the different ways in which your injuries have impacted your life.
General damages seek to provide compensation for the pain and suffering caused by your physical or psychological injuries. Solicitors can refer to the Judicial College Guidelines (JCG) to help them when valuing this head of claim.
The guidelines contain compensation brackets for different injuries. We have included figures from the 16th edition of the guidelines in the table below, but you should only use them as a guide because they may differ from what you actually receive.
|Tetraplegia (a)||£324,600 to £403,990||Different factors will influence the award such as age and the psychological impact.|
|Very Severe Brain Damage (a)||£282,010 to £403,990||The person will need full-time care.|
|Severe Neck Injuries (a) (i)||In the region of £148,330||A neck injury involving incomplete paraplegia.|
|Hand Injuries (a)||£140,660 to £201,490||Both hands are completely or effectively lost.|
|Hand Injuries (d)||£61,910 to £90,750||The index and middle or ring fingers are amputated.|
|Severe Leg Injuries (b) (iii)||£39,200 to £54,830||Comminuted or compound leg fractures are injuries covered in this bracket.|
|Hand Injuries (r)||£35,520 to £54,830||The complete loss of one thumb.|
|Moderate Ankle Injuries (c)||£13,740 to £26,590||For example, soft tissue injuries or fractures of the ankle.|
|Moderate Foot Injuries (f)||£13,740 to £24,990||Displaced metatarsal fractures that cause permanent deformity and ongoing issues.|
|Moderate Shoulder Injuries (c)||£7,890 to £12,770||A case of frozen shoulder that impairs the movement of the shoulder.|
Alongside general damages, you may be able to claim special damages for financial losses caused by your injuries. For example, you may experience loss of earnings after taking time away from work to recover. However, you will need to provide evidence of these losses if you wish to seek reimbursement for them.
For more information on what your settlement could consist of, please get in touch on the number above.
Our team of advisors can provide free legal advice, and can identify if your claim is valid. They can also put you in contact with one of our expert No Win No Fee solicitors, who may be able to offer you a Conditional Fee Agreement.
Our solicitors can use their experience to guide you through the process of making a claim. To learn more about how one of our solicitors could help you start your claim, you can:
Claims You Could Make Under A Conditional Fee Agreement
For more helpful guides:
- A Guide To Work Accident Claim Time Limits
- 50/50 Split Liability Compensation Claims Guide
- Cycling Accident Claims
Alternatively, for more information:
We hope this guide on what a Conditional Fee Agreement is has helped. However, if you need any other information, call our team on the number above.
Guide by MW
Edited by MMI/CH