You may have seen such claim solicitors advertising their No Win – No Fee deals on television. Personal injury lawyers advertise frequently and often late at night, one of the most famous being Jim "The Hammer" Shapiro. Ring a bell? But does "no win – no fee" really mean no risk to the client? Are the services you might receive from these claim solicitors really absolutely free unless they win your case? Let's take a closer look at what no win no fee actually means, and whether or not the services in such cases are provided for free by the presiding claim solicitors.
What Do Claim Solicitors Actually Mean by No Win – No Fee?
If you or someone you know is in the unfortunate situation where you've received a personal injury through no fault of your own, you may have been considering a no win – no fee deal. Claim solicitors offer them frequently along with 100% Compensation arrangements, the two most popular forms of personal injury claim. But just because you've been injured by someone else's negligence doesn't mean your case automatically qualifies for a no win, no fee deal. Some claim solicitors state that they give every single case no win – no fee status, but this applies only to every case they actually take on. The old adage Read the Fine Print definitely applies when considering such offers from no win no fee solicitors.
The terms no win – no fee and 100% compensation are actually types of what are known in the United States as contingent fee agreements. These agreements allow for lawyers to provide their legal services without charge until the claim is successful. The term no win – no fee was coined in the United Kingdom, where people have received compensation for personal injury under such arrangements. But does no win – no fee mean no cost or risk to the consumer? The answer is yes, and no.
- More Tax and Attorney Resources you might find helpful:
- Claim Solicitors, Lawyers and Legal Advice Articles - choosing solicitors, lawyers. No win no fee solicitors. Legal advice.
- Wills Online, Wills and Living Trusts, and Estate Planning Advice Articles – what you need to know about online wills and living trusts
- Probate Laws, Probate Court, Probate Attorney Advice Articles – how to avoid probate, what is probate and how to get a good probate attorney
- Funeral Advice Articles – what you need to know about preparing for a funeral
- Ordering Flowers Online Advice Articles – where is the best place to order flowers online
- Wrongful Death, Mesothelioma Advice Articles - helpful articles to guide you through the legal and emotional aspects wrongful death
- Articles By Category – a categorized list of articles on ObituariesHelp.org
Agreements Offered by Claim Solicitors
No Win No Fee
As mentioned above, the two most common personal injury claim deals offered by lawyers are "No Win – No Fee, and 1200% Compensation contacts. If and how much you will have to pay claim solicitors depends on the details of your personal case, the sum of money involved, and the area where you live. Some lawyers may require you to take out an insurance policy that covers any expenses in the event that you lose your case. These policies must occasionally be paid up front, though most are "self – underwritten" which protects you from having to pay in the event that you do lose. Basically however, when claims solicitors advertise no win no fee, it is quite accurate in that; if the solicitor loses your case, you will be required to pay absolutely nothing. In some cases however, you will be expected to pay the lawyer a percentage of the amount awarded you.
100% Compensation
Many people think that no win – no fee means that you pay nothing if you lose, and get 100% of the settlement on winning the case. The part about paying nothing if you lose is true, but you will have to fork over a percentage if you win. Only of the agreement is for 100% compensation will you receive the full amount of the settlement. You may wonder how the claim solicitors make any money off of such an agreement; well, the loser pays their fees.
It is critical that you are very clear before signing any agreement as to whether you will receive 100% of the settlement or not. Normally you won't be asked to pay any legal fees if your case is lost, but there may be a matter of paying your opponent's solicitor and court costs. Make sure that any insurance policies you are ask to take out are ample to cover such expenses if required.
The jury is still out on no win – no fee and 100% compensation claims, but generally they are what they say they are. As with all legal documents, read the fine print carefully, and speak with the solicitor who will be running your case. Make it very clear to any claim solicitors you are dealing with that; you want to know whether any monies will need to be paid up front or at any time during the trial period. This way there will be no sudden and unpleasant surprises, you'll be clear about your case and your claim solicitor's protocol.