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Prior to legislation implemented in 2000 anyone who wished to pursue a personal injury action would be able to apply for Legal Aid (now know as Public Funding). This would be subject to means testing but would enable the less well off to have access to the legal system and to pursue a claim that would otherwise never get off the ground. This was an extremely expensive way of funding such actions and the Government withdrew Legal Aid for accident related injury claims in 2000.

They replaced this with the ‘no win no fee’ agreements which in the UK is operated by the implementation of a “Conditional Fee Agreement” or CFA. The CFA document sets out the terms upon which a personal injury lawyer / solicitor will agree to deal with the claim on behalf of the claimant or injured party. It also sets out the obligations of both parties which for the claimant generally include the necessity to provide clear instructions and to cooperate fully during the life of the claim. If you wish make a claim for injury damages in the UK you must sign one of these agreements before your lawyer will legally be able to deal on a ‘no win no fee’ basis.

The Law Society of England & Wales devised a standard CFA document that the vast majority of solicitors now use. The CFA will confirm that the acting solicitor will not charge the claimant (injured party) any costs if the case is lost. However there may be other bills that might have to be paid such as doctor’s fees medical notes or other charges.

There is also the prospect of a bad day in court where a claimant could lose at trial and be forced to pay the costs of the defense. You must insure yourself against this risk and your acting solicitor needs to explain the need for insurance before you start the claim. (The insurance is known as “after the event” cover)

If all of this sounds daunting, don’t be too disheartened. It really is quite straight forward.

Summary

IF YOU WIN YOUR CLAIM

Your legal fees will be paid by the losing party’s insurer

Any expenses that you had to make like medical records fees etc will also are reimbursed.

You will receive your 100% of the compensation including any out of pocket expenses and where appropriate future losses.

IF YOU LOSE

You will not have to pay your solicitor for any legal costs.

You may have to pay for disbursements but these should have been covered by am insurance policy.

If the case has been litigated you may have to pay your opponents costs but these again should be covered by the insurance policy.