Are there no win no fee solicitors? – No win no fee explained. And what about the fee?
This is likely to be one of the biggest and most uncomfortable questions playing on your mind as you begin making your personal injury claim with us.
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 here the process 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 68 of the Solicitors Amendment Act 1994 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.
Basically, we can’t take a percentage of damages or winnings. Our fee is calculated based on a number of variables.
But don’t worry, this is where what is known as a ‘No win, No Fee Agreement’ comes in.
Due to advertising regulations and despite what you might see elsewhere, we cannot legally advertise any form of ‘No win, No Fee Agreement’ but we are allowed to offer this service to you.
A ‘No Win, No Fee’ arrangement ensures a person’s right of access to the courts.
Such an agreement is totally reasonable. With many cases, the funds quite simply aren’t available to you and thus there is no chance that you could pay for anything before you have won your case.
Indeed, this thought can cause undue stress to anyone thinking about making a personal injury claim.
‘No win, No Fee’ means more or less what it sounds like. If we don’t win, you don’t pay.
This comes with some minor caveats.
In a ‘No win’ or unsuccessful case, you may still be liable for the costs of the defendant.
Also, ‘No win, No Fee’ doesn’t mean we work for nothing.
In a successful case, an agreed upon fee will be paid to your solicitor.
Again, this cannot be a percentage of any winnings and in many cases, the other side will be ordered to pay for your court costs.
‘No Win, No Fee Agreements’ work both for us and for our clients, ensuring that many just cases are taken on without having the money up front.
Still unclear? A member of our team will be happy to explain matters further.