Law & Legal & Attorney Accidents & personal injury Law

No Win No Fee Accident Claim Explained

Paying for a solicitor after an accident has caused an injury can be expensive.
So the idea of being able to make a claim for an injury from an accident that you believe was not your fault on a 'no win, no fee' basis could sound like an ideal course of action to take.
But before you choose whether to make a no win no fee injury claim it is important to understand what this involves and how it works.
Legally known as Conditional Fee Arrangements, the no win no fee injury claim has been available in the UK since 1998.
A CFA essentially means that if a no win no fee solicitor takes on your case for compensation, the understanding is that if the case is not successful, the claimant will not be required to pay their solicitor for their time.
In order to get work on a no win no fee basis, solicitors are taking a financial risk every time they take on a personal injury claim.
As such, part of the no win no fee deal will be an insurance policy to cover costs and legal fees in the event that the claim fails.
The disadvantage of this type of injury claim is that you could be liable for costs to the organisation or person you take to court.
So it is important to establish with a no win no fee solicitor not only that they will not charge you if the case is lost, but if there are any other costs involved in the claims process.
Some no win no fee solicitors will work as part of a team to ensure that you are insured against any other court and legal costs if the case is not successful.
This could mean that they also pay the insurance for you.
So if you are ultimately held responsible for court fees and costs, this will be covered by the insurance policy (known as 'before the fact' insurance), making the entire process in effect free of all financial charges.
It is often asked how the injury claim companies make their money.
This is done by winning the court costs of the other side.
It still means the no win no fee solicitor takes a risk, but a successful accident injury claim can earn a company a significant amount of money whilst still making sure the claimant keeps all of the compensation and pays nothing.
The process typically involves a legal professional taking details of the accident, and they will then go about collecting any relevant medical reports, witness statements and other evidence that they can use for your claim.
It can take anything from six months to several years to assess whether an insurer will pay compensation, and if a court case is pursued then this could take longer.
Fortunately most claims for personal injury in the UK are settled out of court, so getting your compensation is likely to take less time than it would in court.
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