Seeking compensation for personal injuries caused by a third party can be very difficult if you have no money. This is because you’d have a hard time making ends meet if you are in the hospital. There would be pills and bills to manage, and after considering all of that, you let it go.
You don’t have to forfeit the compensation you truly deserve because you cannot afford to pay legal fees. With a no win no fee claim, you can always seek redress in Court without having to pay legal fees. In fact, you will only pay the solicitor if you have a successful outcome.
No Win, No Fee Claim Solicitors
A no win no fee claim is an agreement between a lawyer and their client. It is also known as a conditional fee agreement. This agreement is designed to help people who don’t have the necessary funds to seek redress. This agreement provides them with the opportunity to enjoy legal representation without any of the fees that come with it. Every Australian can now have access to a lawyer, even if they don’t have money.
However, the no win no fee agreement does not promise you unlimited access to legal services without having to pay at all. This is where some people get things wrong, there’s a fee to pay, but it is based on an agreement between the lawyer and the client.
How a No Win No Fee claim law firm works
The no win no fee compensation claims work to provide legal services to the victim of personal injuries that involve a third party.
Under the no win no fee agreement, the client doesn’t pay a dime to the lawyer until the case is closed successfully. If the verdict is in the positive direction for these clients, then they will pay some money to the lawyer.
The payment of this money is hinged entirely on the ability of the lawyer to win the case or other terms agreed with the lawyer. The money paid to the solicitor is usually an amount that is pre-arranged or estimated before the solicitor starts work.
What Cases Are Eligible for No Win No Fee Claims
It isn’t all cases that are eligible for no win no fee claims legal services. It is most cases of injury or harm to a person as a result of a third party that is eligible for the no win no fee compensation claims.
It is assumed that the complainant might be having a hard time finding money to take care of their hospital bills. And that this might prevent them from seeking the compensation they deserve as they don’t have enough money to hire a lawyer’s services.
The following cases fall under the eligible cases for a no win no fee compensation
- Car Accident Claim
- Truck Accident Claim
- Bicycle Assistant Claim
- Public Liability Claims
- Birth Injury Claims
- Workplace Injury Claims
- Medical Negligence Claims
What Happens If the Claim Is Successful?
Based on the terms and conditions of a no fee no win compensation costs agreement, the client would pay the solicitor some money if the case is successful. This money is usually taken from the compensation amount that the client receives on winning the case.
If the no claim no win solicitor wins the case, the client pays a fee to them in payment for the services rendered.
What Happens If the Claim Is Unsuccessful?
What happens if you lose your claim for compensation? Are there loses you incur that come up as a result of the agreement you had with your no claim no fee solicitors?
If the case is unsuccessful, the lawyer will not charge a fee to the client. In approved cases, the lawyer may agree to accept the risk of an adverse costs order against the client in their case.
How Much Do No Win No Fee Claim Solicitors Take?
The amount of money that a client is meant to pay their no win no fee compensation claim solicitor for services isn’t constant. It changes from solicitor to solicitor and can change due to extenuating circumstances.
The cost of the services offered to the client can change depending on several factors, and they include:
- The time spent on getting all the information, whether relevant or not to the case.
The higher the amount of time spent trying to source information, the higher the cost of legal services.
- The duration of the claim.
Some claim cases last only a month before compensation while others get dragged for months on end. The time spent on a claim case has an impact on the total amount the solicitor would charge at its end.
- The opponent
Believe it or not, your opponent plays a role in how much money your solicitor gets to charge you at the end of the case. Having a difficult opponent would most likely incur you some extra charges.
- The nature of your Accident
If you are filing for compensation for a not so serious accident that does not involve grave injuries, you might end up paying less.
Under the law, Section 308 of the Legal Protection Act 2007 (QLD), the lawyer is mandated to clearly outline the costs or range of costs for legal services. At any point where this changes, the lawyer is required to provide an update to the client about the changes.
Again, all solicitors are limited in the amount of money they are entitled to from the client’s compensation. That limit is set at 50% whereby the law firm cannot charge more than that.
At No Win No Pay Lawyers, we recognise that taking half of your settlement is a significant proportion of your compensation. That’s why we offer much lower caps on our costs to clients.
What do no win no fee compensation claim lawyers charge?
There are laws to protect how much of your compensation your solicitor can have access to. The maximum is set up at 50%. This means that your solicitor cannot demand more than one half of your settlement for fees no matter what they charge.
Before your solicitor goes further with your case, an agreement would be signed, and in this agreement, the metrics for charging you would be clearly outlined. Remember that if you go to trial and lose the case, you are automatically exempt from having to pay anything to the lawyer.
Solicitors charge their clients in different ways and they include:
- Fixed fees
- Court scale fees
- Time based fees
- Event based fees
Who Pays the Money If You Win the Case?
There aren’t so many cases where all of the legal bills of people seeking compensation for personal injuries are paid for by the opponent.
However, there in many cases, people with personal injuries are able to get back a proportion of the money that they is payable to the solicitors for their services.
The amount of money a client might recover towards their expenses depends on a few factors.
- The stage at which the case is finalised.
Did it end up in a courtroom? If so, you may be awarded indemnity costs or standard costs. Standard costs are approximately 40-60% of your actual legal costs and indemnity costs are as high as 80-90% of your actual legal costs. Of course, this depends on whether you win and the amount of damages that the Court awards you in compensation.
- Type of Claim
The type of claim for compensation is important. The amount you could recover depends on whether your claim is CTP, public liability, medical negligence or workers’ compensation. It is more difficult to get an award for costs in a workers’ compensation matter in Queensland.
- Amount of Settlement.
The amount of settlement or judgment affects the amount of money you might get from your opponent to help pay your legal bills. You may receive $nil, a fixed amount or a proportion of your legal costs from your opponent, depending upon the amount of the settlement, in many claims.
How to Choose the Right No Win, No Fee Solicitor for your no claim no fee
In No Win, No Fee Claims, the solicitor has an incentive to ensure that you win. This is because he knows that his pay is dependent on his ability to win the case for you. However, here are a few things to consider:
- Is the lawyers experience dealing with similar cases to yours and how successful he was?
- Is the lawyer specially qualified to take cases like yours?
- How much the solicitor requests for a compensation claim.
Compensation lawyers no win no fee claim provide legal services to people who would otherwise not have access to it. With our no fee no claim solicitors, you can always seek redress in court without worrying about bulky legal fees along the way.