Your Guide to “No Win, No Fee” Solicitors and Agreements

“No Win, No Fee” solicitors open the door to legal support and claims for everyone, regardless of their financial situation. 

For most, the concept of  “No Win, No Fee” claims is vague (only 11% of Brits make a personal injury claim in their lives after all). Understanding what “No Win, No Fee” actually means can prevent surprises later on and help you determine if it’s the right path for you.

In this guide, we’ll explain what a Conditional Fee Agreement is, how the process works, what happens if you win or lose, and how you can get started on making a personal injury claim.

What is a “No Win, No Fee” solicitor?

A “No Win, No Fee” solicitor works on a Conditional Fee Agreement (CFA), under which they are only paid if the case is a success. 

Instead of being paid up front, legal costs are deducted from the percentage of the compensation secured. 

This type of agreement ensures that anyone who suffered negligence can make a legal claim, as there are no upfront costs and reduced financial risks. It’s often a crucial lifeline for people in a weak financial position who are in desperate need of legal support. 

When might a “No Win, No Fee” agreement be offered?

If a “No Win, No Fee” solicitor determines there is evidence of negligence from another party, then the victim is likely to be offered the agreement.

The solicitor will have confidence that their expertise can secure compensation that covers their upfront legal costs and provides their client with significant financial recovery. 

Serious personal injury claims and road traffic accidents are the most common cases of “No Win, No Fee” agreements, as liability is often clear and evidence is realistically obtainable to support the case. Medical negligence is also common, as healthcare professionals have standards to meet legally.

Why do people often question whether they should make a claim?

There are a number of reasons why people might be hesitant to make a claim, but it’s important to understand if these are holding you back, unnecessarily, from seeking the compensation you’re entitled to.

1. Not wanting to cause trouble

For many, the thought of filing a personal injury claim can be daunting. There can be anxiety and stress over potential repercussions, paperwork, stressful phone calls, and legal fights.

If that sounds familiar, then know our solicitors work on your behalf to prevent that from happening. Their expertise and experience take care of the paperwork, calls, investigations, and negotiations, so you can focus on recovery. 

2. Believing they don’t have the finances to make a claim

When you’re just trying to cover medical bills and adapt to a new life, the thought of paying for legal costs seems impossible to many people. 

That is where “No Win, No Fee” claims act as a lifeline, opening the doors of legal expertise to all. Financial liability is on the solicitor and insurance, not on you.

3. Feeling unsure about the legal process

The majority of people haven’t had to work with a solicitor in their lives, and law can seem complicated. 

However, you are not expected to understand the ins and outs of the legal process. That’s what solicitors are for. 

It’s normal to seek guidance to understand your options and ask questions during your initial consultation. 

How a “No Win, No Fee” agreement works

Here’s a look at what you can expect from the process of working with a “No Win, No Fee” solicitor: 

1. Initial case assessment

Upon initial contact, the solicitor will hold a free consultation to assess your case’s chances of success. This is usually via a phone call, but it can be in person too. 

During this initial consultation, you’ll explain how the incident happened, the injuries sustained, and how they’ve affected your life. 

The “No Win, No Fee” solicitor will then review your case based on the injury severity, time limits, and evidence of wrongdoing.  In many cases, a decision can be made quickly. In others, they require a deeper review.

The solicitor will also explain to you what options you have, so you can make a decision that is best for you. 

2. Signing the Conditional Fee Agreement

If the solicitor determines your case has a realistic chance of success, you can then proceed by agreeing to a ‘Conditional Fee Agreement (CFA)’.

This is a contract that details terms such as the fee structure and responsibilities of both parties. You can expect it to clarify the ‘success fee’ percentage that would be taken from the final compensation and your rights if the case fails.

3. The claims process

Once you’ve signed the agreement, the claim can formally begin, with steps including:

Letter of Claim

Your solicitor begins by sending a formal ‘Letter of Claim’ to the defendant or their insurer. A Letter of Claim details the incident, the alleged negligence, the injuries, and the compensation sought. 

Investigation

Your solicitor will also begin to collect evidence to support your case. Evidence can be broad, from photos and witness statements to medical records and billing receipts. 

In some cases, your solicitor may also turn to medical experts who can provide further support. 

Negotiations

The majority of “No Win, No Fee” cases are settled before and without the need for a court. Instead, the defendant is likely to negotiate the claim for a fair settlement.

However, if they can’t agree on a fair agreement, then your solicitor can begin court proceedings on your behalf. 

What happens if you lose a “No Win, No Fee” case?

If your case fails, then you will not pay legal fees to your solicitor. This agreement is at the heart of working with any “No Win, No Fee” solicitor. 

The Role of ATE Insurance

When working with a “No Win, No Fee” solicitor, you can be protected by ‘After the Event (ATE) Insurance’. Your solicitor can discuss the potential use of this before signing your agreement. 

ATE is an insurance coverage that protects you against costs if the case is lost. It’s arranged by your solicitor in your name and usually only payable if you win.

Other protections

Personal injury and medical negligence claimants in England and Wales are also protected from paying the other side’s legal costs thanks to a legal rule called ‘Qualified One Way Costs Shifting (QOCS)’.  

This rule was created in 2013 to prevent people from feeling reluctant to make a claim, given the fear of financial risk. 

Alternatively, or as a supplement, you can use ‘Before-the-Event (BTE)’ Insurance. BTE is insurance that you had before starting the claim. For example, it’s often via home or car policies. 

What happens if you win a “No Win, No Fee” case?

If your “No Win, No Fee” case succeeds, the defendant or their insurer will pay compensation directly to your solicitor. 

The total “No Win, No Fee” compensation will cover damages, including coverage for your injuries and related expenses, as well as damages for pain and suffering. 

It’s at this point that the ‘fee’ is taken, as the case has been won. Deductions will include:

The success fee

The ‘success fee’ is the pre-agreed percentage paid to the solicitor for their work and for taking on the financial risk of the case without upfront payment. It’s a basic markup on standard legal costs. 

For personal injury “No Win, No Fee” claims, the success fee is capped at 25% of damages (excluding future losses like ongoing care). This ensures you retain the majority of the settlement. 

The percentage for your case will be specific to the initial CFA. 

Understanding disbursements

You may also face some additional deductions, called ‘disbursements’. 

Disbursements are related legal expenses that your solicitor pays on your behalf during their investigations. For example, they may pay medical expert reports, court fees, or for police accident reports. 

In most winning cases, these will be paid by the defendant. But in some, there may be a shortfall that needs to be covered. For example, if a £1,500 medical report only brought £1,300 in recovery, then the £200 gap would need to be taken from the compensation total. 

Disbursement rarely exceeds 5 to 10% of total awards, but it can happen in low-value claims or highly complex claims, where expenses are high relative to the settlement. For instance, in a case that requires multiple investigations with experts, such as crash investigation analysts, or orthopaedic or neurological experts.

How much do “No Win, No Fee” lawyers take?

“No Win, No Fee” solicitors will take a pre-agreed percentage of your compensation settlement. This is agreed upon upfront, leaving no surprises for you later on. There is also a legal cap applied at 25% of damages. Deductions may also include the ATE Insurance premium.

This payment will only come from your compensation. You will not pay anything out of pocket.  

As a result, you can expect to keep around 70 to 90% of the total “No Win, No Fee” compensation. 

Understanding conditional fees and contingency fee agreements

CFAs are legally binding contracts. Understanding them is important to ensure you’re not left with any surprises. 

CFAs ensure that solicitors are paid through success only, and that any associated fees or disbursements would be covered by ATE Insurance and not out of the claimant’s own pocket.

Before signing a CFA, you should read it line by line carefully and be prepared to ask any questions that ensure you understand: 

• The exact success fee percentage you’ll pay. 
• The disbursements and insurances that may apply. 
• Any terms that trigger the termination of the agreement. 
• The deadline you have to cancel the contract without a fee (usually 14 days).
• The payment timeline and protocol. 

Are there any risks involved in making “No Win, No Fee” claims?

“No Win, No Fee” agreements significantly remove financial risk. However, as with any legal claim, there is never zero risk. 

Can a solicitor drop a ‘No Win, No Fee’ case?

In some rare cases, a “No Win, No Fee” case could be dropped if the solicitor doesn’t have faith the claim will succeed. 

However, this is likely to occur early in the process, such as during evidence gathering or after a defendant’s response. 

This wouldn’t be the claimant’s fault, as solicitors actually have a professional duty to drop unwinnable cases (to protect the claimant). 

For example, a solicitor may determine that there is insufficient proof of negligence or that the potential compensation value doesn’t justify the costs. 

Are “No Win, No Fee” solicitors worth considering?

People of all kinds of financial standings consider hiring “No Win, No Fee” solicitors. Here is a look at the pros and cons, to help you decide:

Pros of “No Win, No Fee” claims

• Opens the doors to expert legal assistance for all, as there are no upfront legal costs. 
• This approach also significantly reduces the financial risk involved. 
• Protections ensure no personal liability on loss.
• Solicitors share the risk and burden, as they’re only paid if the case is a success.
• Solicitors only work on cases with a realistic chance of success.

Considerations of “No Win, No Fee” claims

• You will lose a percentage of your compensation to cover solicitor fees and any disbursement shortfalls. 
• Solicitors will only take on cases they think they can realistically win, which may make it harder to find a suitable solicitor. 

Questions to ask your “No Win, No Fee” solicitor

Before signing an agreement with a solicitor, we recommend asking the following questions to ensure you understand the agreement and that it feels right for you:

• What percentage will be deducted?
• What disbursements might apply?
• What are the estimated disbursements?
• What does ATE insurance cover? 
• What happens if the claim fails?
• How long do I have to withdraw (the cooling period)?
• How is success defined in the agreement?
• Can you provide a written breakdown of my likely compensation after deductions?
• What are the main risks?
• Will you aim for an out-of-court settlement?
• What involvement will I need to have?

If you have any other questions, we welcome you to contact Fletchers, where we’ll be happy to help. 

How Fletchers’ “No Win, No Fee” Solicitors support injury victims

At Fletchers, we recognise that winning compensation is not enough. Without guidance and adequate rehabilitation, those who have suffered negligence can become isolated and cut off from the support that matters.

That’s why we provide transparency from start to finish, alongside support that focuses on rehabilitation, recovery, and a prioritisation of urgent needs.

If you or a loved one has suffered an injury that wasn’t your fault, our compassionate and understanding team of solicitors welcomes you to contact us today for a free consultation.