No win no fee explained

No win no fee explained

‘No Win No Fee’ is a term used by Solicitors which means more or less what it sounds like. It means that if you do not win your case, your Solicitor does not charge a fee.

These types of agreements ensure a person’s right of access to the courts. Many times, funds are simply not available to people to pay for legal advice before winning their case.

In a successful case, an agreed upon fee is paid to your Solicitor.

‘No Win No Fee’ agreements come with some minor caveats. In a ‘No win’ or unsuccessful case, you may still be liable for the costs of the defendant. This shouldn’t dissuade you from taking on a genuine case however, and your Solicitor will advise you at every step of the way to ensure you are not at a financial risk.

The benefit of ‘No Win No Fee’ agreements is that it allows people who would not otherwise be able to pay for legal representation have access to legal advice. You can bring your case to court with no money taken upfront if your Solicitor agrees to work on a no win no fee basis.

Keep reading to discover more about No Win, No Free agreements or get in touch now and we’ll answer your questions .

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What is the typical No Win No Fee claim process?

If you and your Solicitor are happy to bring a claim, your Solicitor will send you a letter setting out fees and the basis for charging fees in the event your case is successful.

A Solicitor cannot charge a fee as a percentage of any award of compensation. See later in this article for information on how fees are calculated. 

If your case is successful, your Solicitor will deduct the agreed fees from the award. The remainder will be transferred to you in full. Where possible, your Solicitor will attempt to have the other side pay for as much of the fees in your case as possible. 

If you are not successful in your case, your Solicitor will not charge you a fee. There are caveats to this so it is important to discuss fully with your Solicitor. 

There is a risk that if your case proceeds to Trial and is unsuccessful, you may be ordered to pay the costs of the Defendant by the Court.

Your Solicitor will fully advise you of the risks in bringing a case to Court before taking any steps to issue proceedings.

If you are not successful in your case, your Solicitor will not charge you a fee. There are caveats to this so it is important to discuss fully with your Solicitor. 

There is a risk that if your case proceeds to Trial and is unsuccessful, you may be ordered to pay the costs of the Defendant by the Court.

Your Solicitor will fully advise you of the risks in bringing a case to Court before taking any steps to issue proceedings.

How do you decide to take on a No Win No Fee agreement?

Taking on a No Win No Fee agreement is an important consideration for a Solicitor.

Your Solicitor will speak with you to  help us get a good understanding of your case and its potential. They will need to talk through the circumstances of the incident with you and have a chat about your case.

If your Solicitor feels that your case requires more detailed examination they can investigate and speak with a Barrister to get their advice before proceeding. This is also free of charge.

At that stage, if your Solicitor is confident that your case has a good chance of success they will be prepared to take on your case on a no win no fee basis.

If however your Solicitor feels that your case does not have potential, they will let you know and talk you through their reasoning. Your Solicitor will not take on a case where we felt there was no chance of success because they want to avoid clients being at risk of having to pay unnecessary fees.

What If I Lose My Case? Could I Be Liable For The Other Side’s Legal Costs?

As discussed earlier in the article, your Solicitor will discuss all the risks in bringing a case with you.

The risk of paying the other side’s legal costs arises when court proceedings are issued.

Once this happens, fees and other costs start to increase. Barristers are instructed, Engineers may be involved and more Medical Expenses may be incurred. This is for your case and for the other side.

There is a risk that if you lost your case at trial, a costs order could be brought against you. This means that the Court can order you to pay the other side’s legal costs.

However, your Solicitor and Barrister will fully advise you of all the risks of bringing a case before it goes to trial.

If at any stage in the process something comes to light which means that you should not continue your case because there is a risk you will lose, your Solicitor will advise you of this.

It may be possible to discontinue the case without incurring costs.

The costs and the risks of bringing a case should not discourage you unduly because if you have a valid claim and do not give false or misleading evidence the risk of losing your case is very low.

Every case turns on its own facts and your Solicitor will be able to advise you about the potential your case has for success.

What do I pay if my claim is successful?

In the event your case is successful, you will pay some fees.

We can’t take a percentage of damages or winnings. Our fee is calculated based on a number of variables and – unfortunately – the explanation we must legally provide for you may leave you none the wiser as to the fees process.

We strive for transparency at all times so we’re going to explain the process here as clearly and as simply as possible.

After your case has been taken on by us; we are obliged to send you on a letter including these points:

In relation to our fees payable by you, the provisions of Section 150 of the Legal Services Regulation Act 2015 requires that we set out for you an indication of our fees and the basis of our charges, at the outset of your case.

Our fee to you will be calculated with regard to the following criteria:

  • Labour and responsibility involved in the matter and any specialised knowledge given or applied on the part of the solicitor.
  • The complexity, difficulty, rarity or urgency of the questions raised.
  • The importance of the matter.
  • The time reasonably spent by the solicitor in this firm on your case.
  • The forum where and circumstances under which the action is pursued.

This sets out the legal reasoning as to the costs we are allowed to charge for your case.

If your case settles in PIAB, our fee and outlay will be the only charges taken away from your award of compensation. 

If Court proceedings have been issued when a settlement is reached (or if an award is made at trial) you may need to pay other fees e.g. Barrister fees, Engineer fees and Medical Report fees.

In a lot of cases, a settlement is reached where an offer is made “plus costs”. What this means in practical terms is that our outlay, Barrister fees and other expert fees in a case will be covered by the other side. However, our Solicitor-Client fee outlined to you at the start of the process will be deducted from your compensation even though we will still seek to recover additional fees like Barrister fees and our outlay from the other side.

It is important to remember that if your case is successful, our Solicitor-Client fee is still payable by you.

Is a No Win No Fee agreement legal?

Absolutely. A ‘No Win, No Fee’ arrangement ensures a person’s right of access to the courts.

Such an agreement is totally reasonable. In many cases, the funds quite simply aren’t available to you and thus there is no chance that you could pay legal fees before you have won your case.

Due to advertising regulations and despite what you might see elsewhere, firms are not allowed to advertise any form of ‘No win, No Fee Agreement’ but we are allowed to offer this service to you.

The importance of choosing the right personal injury solicitor for Your claim

When it comes to choosing the right Solicitor for your case, it is very important that you do your research to pick the right firm for you. 

Some of the things to look out for are what experience this firm has in cases like yours. Experience means that you can relax and know that your claim is in good hands. 

Have a read of the firm’s website to see if there are any client reviews which can give you an idea of the type of firm they are and whether they would be a good fit for you. 

It is also important to make sure that your Solicitor communicates with you regularly and in a way that is clear. The legal process can be confusing so it is good to make sure your Solicitor makes it as simple as possible for you. 

If you are being offered a no win, no fee agreement ensure you are clear on what happens in the event that you are unsuccessful in your case. Your Solicitor should be able to explain the process for you in detail. Make sure to read the details of the agreement before agreeing to go ahead to ensure you are happy to proceed.

I’m interested making a personal injury claim but I still have questions

No problem. The team at Anthony Joyce & Co Solicitors has 20 years experience helping with personal injury claims on a no win no fee basis. We are more than happy to help answer your questions and make the process clear.

Remember, the reason why No Win No Fee agreements exist is so everyone has access to legal assistance. The costs of litigation should not be a bar to someone exercising their legal rights.

If you’ve been involved in an accident and have suffered because of it, don’t hesitate to discuss the help you’re legally entitled to.

Get in touch with Anthony Joyce & Co today and get back on track.

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Anthony Joyce - Dublin Solicitor

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