No Win No Fee

Everything you need to know about making a claim

Complete our Free Legal Assessment Form, and we will provide you with a speedy assessment of your accident claim and pursue your case on a No-Win, No-Fee basis.

Every year, around 3 million people suffer a personal injury from an accident that wasn’t their fault. Yet amazingly, only a quarter of them ever consider claiming compensation. Many people don’t even realise they can make a claim, or else they think it’s too complicated, time-consuming and costly. But that’s where they’re wrong!

Q. How Long Will My Claim Take?

The time between claimingand settlement varies depending upon the case’s complexity. In some instances, where a third party admits responsibility for the accident, and injuries are not complex, settlement may be achieved within a very short period, even weeks.

Under the new scheme for dealing with injury cases worth between £1,000 and £25,000, the Defendant has to respond to the claim to confirm whether liability is admitted or denied. Settlement in such cases can take place very quickly after medical evidence is obtained (see “What is the Procedure?”).

In all but the rarest of cases, settlements are once-and-for-all matters, so you will wish to be sure that you have fully recovered from your injuries or that you know what the long-term prognosis for your recovery is and that there is no risk of a deterioration in your condition which has not been built into the level of your damages. We can assist you in the interpretation of your medical reports.

In summary, it is a balance of not rushing into a settlement too quickly for fear of losing out on compensation for future symptoms against not allowing the defendants to delay your payment unreasonably.

Q. How Much Is My Claim Worth?

The compensation you will receive if the claim succeeds comprises two parts.

    • “General Damages” is the term given to the pain and suffering element. The value of this part of your claim depends on the type of injury you have suffered, how long you have suffered from your injury, and whether your injury will have a long-term effect on your life. A figure is set for this part based on previous amounts set by judges in similar cases to yours, from the most severe injuries to the more relatively minor ones.For example –
      • Whiplash – reported cases for a 12-month (relatively minor) “whiplash” injury to the neck and back will be valued in the region of between £2,000 and £2,500
      • Wrist injury – these vary in complexity, but for a fracture which heals within a matter of weeks, the value might be in the region of £3,000, although for the most serious of wrist fractures, the value can be over £30,000.00
      • Head injuries – again vary in complexity but can range from a minor injury causing cuts and bruises where the value might be up to £2,000 to the most serious of injuries causing brain damage, whereby general damages of up to £300,000 might be awarded
  • “Special Damages” refers to the out-of-pocket losses and expenses incurred due to the accident and in the future. This can include loss of earnings, future losses of earnings care and assistance by members of the family and friends, damaged items, the cost of medical care and attention (paid privately), aids and adaptations, loss of vehicle excess, hire of a replacement car, cost of public transport, prescriptions, and although in the usual case is a modest amount in the most extreme cases can run into several millions of pounds.

These can not be quantified until the accident claim is ongoing. Even though the case might settle or go to court, there might be an element of future losses taken into account for the years of loss following settlement of the claim.

This amount is added to the value of your general damages to make up the overall damages award.

Q. What Does No Win No Fee Mean?

SIC offers a “No Win, No Fee” service, meaning that we will pursue your claim for no charge. The losing party (or their insurer) pays the legal costs in successful cases if and when we win the case (subject to the following).

There have, however, been dramatic changes to the funding of personal injury cases (introduced in April 2013), which are summarised below;

In cases where we lose, the legal costs of our involvement are effectively written off. However, any “disbursements” you have incurred, e.g. for medical fees or court fees, will be payable by you unless you are covered by “Before the Event” Legal Expense Insurance or we have taken out an “After the Event” Legal expense insurance policy upon your behalf.

In winning cases, the law has changed to say that as and from April 2023, the success fee (which is the additional amount that solicitors can charge for working on a “No Win No Fee” basis) is to be taken from the compensation and must be limited to a maximum of 25% of the compensation payment, i.e. if you win you will have to pay a success fee of up to 25% of the compensation you receive to us. In addition, the government has also introduced a requirement that you can no longer cover the cost of insurance to fund your claim, which will also be deducted from the compensation award. We will explain this to you fully when we take on your case.

Q. What is the Procedure?

We will first speak to you about your case over the telephone or arrange a meeting to obtain full instructions if necessary.

Suppose the matter is dealt with under the Fast Track scheme for handling Road Traffic and Employers’ Liability/Public Liability Accidents (value between £1,000 and £25,000). In that case, we will enter the information into the appropriate Portal. If liability is not disputed, the insurers will agree to pay the claim within days.

In other cases, we will deal with the other party’s insurers using the “Pre-Action Protocol. ” The Insurers then have three months to investigate the claim, after which time they must confirm whether or not liability for the accident is contested.

However, before settling the claim, we need to obtain a medical report describing the injuries and the long-term prognosis, so you must attend a medical examination.

Complete the Free Legal Assessment Form, and we will let you know if your claim is likely to succeed and how we can ensure that you are NOT one of the millions of people who miss out on their entitlement to compensation. Ask for our Free Legal Assessment.