The introduction of no win, no fee systems
No win, no fee was introduced in 2000 as a way of funding personal injury claims, acting as a replacement for the failing Legal Aid system. It has been mostly successful, although not without criticism. Read about what no win, no fee is.
The introduction of no win, no fee
The no win, no fee system means that the person who loses the personal injury claim does not have to pay any solicitor’s fees, neither theirs nor their opponent’s.
However, both parties in the claim are normally protected by insurance and in most personal injury cases it is an insurance company that pays for all the costs and fees, thus keeping the financial impact contained to those involved in the claim. This avoids the problem of the huge amount of Government money that was needed when Legal Aid was the primary method of public funding. Read more about the problems with Legal Aid.
One important aspect of no win, no fee is that it provides access to justice for all because it does not attempt to exclude any member of society from making a claim. Millionaires and the very poor are both allowed to use it and get the same benefit from it. Many claimed that Legal Aid failed in this area because in the 1990s, only 40% of the population were eligible to use it, although in previous decades up to 90% qualified.
Problems with no win, no fee
The number of personal injury claims being made fell after the introduction of no win, no fee, partly because the law surrounding it was extremely complicated. The decision was taken to simplify the regulations that covered client care, solicitors' conduct and information about costs and in 2005, this came into effect. These areas are now covered by the existing regulations laid down by the Law Society. Find out more about the Law Society at www.lawsociety.org.uk.
This helped to resolve some of the problems that had arisen. However, of those that still remain, a major one being that not all personal injury solicitors who provide representation on a no win, no fee basis will offer a cost-free service to their customers. Some people who have made compensation claims have discovered that they had to pay upfront for disbursements or have had to pay for their solicitor's success fee, leaving them with negligible compensation.
Claiming compensation with YouClaim
When you make a claim through YouClaim, we promise that you will not have to pay anything to either the solicitor or your opponent, whether or not your claim is successful. There will be no deductions from the personal injury compensation awarded to you either. Unlike some companies that can take up to 40% of the award, we have a 100% compensation guarantee. Read more about the outcome of your claim.
The only exception to our free process is to do with the complexities of medical negligence claims; here, we guarantee that we will do everything in our power to keep these costs to the minimum, and to pursue their reimbursement.
We know that taking legal action can seem quite confusing and even daunting at times, but we make it as straightforward as possible for you. We are always happy to answer any questions you may have, and we use plain English to talk with you about your personal injury case instead of using complicated legal terminology.
If you wish to enquire about making a claim or simply take advantage of our free legal advice, why not chat to one of our experienced claim advisors online? Alternatively, to make a no win, no fee claim today please call 0800 10 757 95 or fill in an online claim form.
