How does “No Win No Fee” work as an agreement? Know your rights when making a claim
Making a claim when you experience an accident that led to a serious injury is one of the most helpful processes of the modern world, as you can always ask for the necessary compensation to recover. This includes cases of vehicle or work accidents, medical negligence, and data breaches that happened because of someone else’s fault.
Luckily, the process of claiming compensation has become more accessible for people in recent years, giving them the chance to recover faster from injuries and reclaim the necessary funds to do so. This might also be the reason why the overall number of injury claims has decreased according to the Compensation Recovery Unit, from 876,000 in 2018 to 476,000 in 2023. This is also the case for road-traffic accidents and clinical negligence.
As solicitors offer a thorough plan of action when it comes to winning the process and securing justice, the system of No Win No Fee is becoming widespread, as victims can at least not waste their funds in a case that is impossible to win due to a lack of evidence or otherwise. But what makes it possible? Let’s dive in.
The process of a No Win No Fee agreement
When you contact a No Win No Fee solicitor with a claim, you might not have to provide the funds for paying the service, for which you can access this arrangement and not pay for the solicitor unless they win the case. In other words, if all efforts fail, the solicitor won’t ask you to pay for their services. This process should be discussed before starting the necessary steps in court, and the terms of the agreement must be straightforward and transparent.
First, you must check the website for a clear statement of the free claim possibility, and then contact the solicitor to evaluate your case and assess if it’s likely to succeed or not. If they decide they can win your case, you will sign a written No Win No Fee agreement where every aspect of the case will be covered. Then, the solicitor will handle your issue without any financial support from you, and if they win the case, they will deduct their fees from the compensation, so again, you won’t have to pay anything from your pocket.
What happens if the solicitor is unsure of the case?
Every case is unique. Sometimes, in a car accident, the solicitor can access CCTV footage and get witnesses’ statements on the issue, so they can increase the chances of winning. Unfortunately, other cases are more complex, such as for medical negligence, for which it cannot be proven that easily without irrefutable evidence. Therefore, if the solicitor thinks they don’t have the necessary grounds to start, they will not lead you on.
This can be overwhelming for someone who truly suffered something harmful, but that doesn’t mean the case is a lost cause. You should get a second opinion and discuss with more companies to understand what could or could not be done in your situation. It might be helpful to consult the law by yourself sometimes and try to understand your legal grounds.
What should you expect when working with a solicitor?
If your case is simple and you chose a No Win No Fee solicitor, your first encounter will revolve around getting things straight. Maybe you will need to bring certain documents, usually part of an identity checklist (passport, proof of address), or bring a witness along. To make things smoother, you could prepare a list of questions that will offer you a realistic outlook on the issue, such as how many sessions are free or what their experience is in similar cases.
You should also ask uncomfortable questions, such as what happens if you want to change firms, so you’re not taken aback by sudden fees. While the solicitor should be transparent and straightforward with you as a client, the same is expected from you as the injured party. So, only provide your solicitor with true and valuable information, and make sure not to omit or change details, as these things can lead to an unsuccessful case, resulting in no compensation. If, hypothetically, your purpose was to use the information from a solicitor for committing a crime or fraud, or even to try to suggest to the solicitor to present false evidence in your favour, the case is immediately dropped, so it’s better to tell the truth.
What happens if the solicitor isn’t right for you?
Sometimes you don’t click with a person, and that’s ok as long as you settle these issues from the start. Problems can arise from both sides, and it’s best to be aware of them. For example, a solicitor might drop a case due to ethical grounds, such as when you refused to provide them with the information they asked for, are dishonest, or are avoiding following their reasonable advice.
Of course, you might want to drop your solicitor if they offered a No Win No Fee service and still asked for a commission even if they lost the case or had been poorly handling your case. You should talk with your solicitor about these inconsistencies first, but if their response was lacking, you can contact the Legal Ombudsman if you experienced unclear communication, problems with the bill, or even document mishandling. The final step is to report the solicitor to the SRA (Solicitors Regulation Authority) for instances of dishonesty, fraud, or discrimination.
Final considerations
Having the chance to talk to a No Win No Fee solicitor is a great relief when you have been the victim of a breach of duty of care, because you have the chance to receive the compensation needed to overcome medical challenges, while also not being anxious about the payments for the solicitor. This works because the solicitor will take your case and not ask for payment if they fail it in court, but if they win, their fees will be covered by the compensation and not your own money. Still, you have to collaborate with a solicitor in good faith; otherwise, chances are the claim will be unsuccessful.
