Paying for a Claim - No Win, No Fee

Conditional Fee Agreements “in a Nutshell” (cause of action 1/10/23 onwards)

A. If your case does not succeed:

1. Our firm will write off all time spent on your case and will not charge a fee.

2. If a barrister (also called “Counsel”) has acted on a no-win no-fee basis, then they will write off all time and will not charge a fee.

3. If we have had to arrange insurance for your case, the insurers will repay any case expenses, for example, for the cost of obtaining expert reports etc.

4. The insurer will also write off the premium, and admin fee for the insurance policy.

The result is that you have nothing to pay.

B. If your case is successful:

1. If you have been paid any government benefits as a result of your injury, for which you receive compensation, then those benefits will be repaid to an organisation called The Compensation Recovery Unit (which is part of the Department of Work and Pensions).

2. The Defendant will pay most of your legal costs and insurance premium, provided you have acted reasonably in your case, subject to 3 below.

3. Costs we cannot recover from the Defendant to come out of your compensation will be for:

a) A smaller part of the insurance premium, as well as the insurers admin fee.

b) Our firm’s success fee which cannot be more than 25% of part of your compensation. No deductions can be made from compensation for your future needs (this is such things as future lost earnings, and the cost of buying in future care needed). Success fees can only come out of the value of your injury, other heads of ‘general damages’ and past financial losses.

c) The shortfall on costs claimed from but not recovered from the Defendant, capped to 20% of your overall compensation.

d) If a court orders you to pay some of the Defendant’s costs for a particular issue, or based on unreasonable conduct, then these stand to deducted from your  compensation, and any interest, and after that from your own costs entitlement.

e) In some limited circumstances Defendant’s costs awarded for accepting an offer late, or failure to beat their offer of settlement can be deducted. However, your insurers will pay this costs liability provided they agreed to the offer not being accepted, and provided you have acted reasonably, and honestly, in your claim.

The result is that you pay nothing until after compensation is paid and deductions are made directly from your compensation (and in limited circumstances, your own costs entitlement).

How We Can Help

Our friendly team of specialist lawyers at Medical Solicitors help adults and children who have suffered from negligent medical treatment. Compensation can be claimed where there has been any care that has fallen below a reasonable standard, so is considered to amount to Medical Negligence. 

Do contact our friendly team of specialist lawyers at Medical Solicitors. We conduct most of our Clinical and Medical Negligence claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements, as outlined above. So, you do not have to worry about how you are going to afford to bring a claim. You have nothing to lose in speaking to us.