Claim Advice

What is ‘No Win No Fee’ and Why is it Important?

Everybody has the right to legal representation. If you have been injured due to the negligence of another, then your financial situation should not deny you from bringing a personal injury claim against them. The ‘no win, no fee’ guarantee is designed to help people access legal services without having to worry about the associated costs upfront. As personal injury claims are a complex area of law, it is often necessary to consult a lawyer to advise you of your rights and the legal avenues you can pursue. The ‘no win no fee’ arrangement therefore ensures that every person, regardless of their financial situation, has equal access to justice.

What does ‘no win no fee’ mean?

The ‘no win no fee’ guarantee means that you can have access to legal representation for your personal injury claim without having to pay for the legal costs up front. Any fees that you are later required to pay are contingent-costs, meaning that payment is contingent on a successful outcome.

What kind of cases does the ‘no win no fee’ cover?

The ‘no win no fee’ arrangement generally applies to claims within personal injury law and includes car accident insurance claims, motor vehicle accident compensation claims, workers compensation claims, financial planning negligence claims and medical negligence claims.

no-win-no-fee

How are my fees calculated if I win my case?

A ‘win’ is broadly defined as a successful outcome of your case and can include a court judgement in your favour, a settlement or an agreement resulting in the resolution of court proceedings.

If you win your case, your legal fees will include the cost of:

  • Professional services fees: To cover the time required for your lawyer and their legal team to work on your case. This may include an uplift fee as a reward for the lawyer for assuming the risk that a claim may fail with no fees being received.
  • General expenses fees: To cover expenses such as phone calls, faxes, photocopies and postage.
  • Disbursements fees: To cover external expenses, such as medical reports, expert fees and court fees.

These fees are generally calculated before the ‘win’ occurs.

How are my fees calculated if I lose my case?

The costs of your own no win no fee lawyer will not get passed onto you if you lose. However, you may still be required to pay your lawyer’s disbursement fees. The court may also require you to pay the legal costs of your opponent.

Why is ‘no win no fee’ important?

Having a ‘no win no fee’ arrangement is beneficial for injured parties as you can have access to lawyers who specialise in personal injury claims, while not having to worry about paying the financial costs upfront. This arrangement helps to maximise the compensation you can receive, by providing extra incentive for lawyers to work hard as they will only receive their fees upon achieving a successful outcome for you. There is a strong client-focus in personal injury law, and this ‘no win no fee’ arrangement helps to take the burden off the injured parties throughout the compensation claims process.

 

If you are in need of a ‘no win no fee’ lawyer, get in touch with Schreuders today.

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