What is a CFA No Win No Fee Personal injury claim?
A Conditional Fee Agreement (CFA) is a written agreement that formalises the No Win No Fee arrangement between your local personal injury solicitor, and you, the injured person.
Conditional Fee Agreements were introduced in 1998, as a way of allowing people to pursue civil claims, such as compensation claims for personal injury, and medical negligence, without then having to worry about legal costs- a CFA ‘No Win No Fee’ Agreement, is essentially a document designed to give anyone wishing to pursue a claim for personal injury compensation, complete peace of mind.
How does no win no fee work?
All of the personal injury claims that MG Legal’s personal injury solicitors accept, will be accepted subject to a No Win No Fee agreement.
To assist anyone who has been injured claim for compensation, without paying up-front solicitor’s fees, No Win No Agreements are MG Legal’s favoured way of funding all personal injury claims. Everyone has the right not to be injured, or to suffer personal injury, as a result of someone else’s negligence. No Win No Fee agreements give MG Legal’s clients the right to pursue a claim for personal injury, without financial risk to themselves.
What are the advantages of funding a personal injury claim, on a No Win No Fee basis?
The advantage of MG Legal’s personal injury solicitors accepting your claim, subject to a CFA, is that you do not need to pay your legal fees upfront. Having a claim funded by way of a CFA means that if your claim succeeds, you will receive damages in settlement of your personal injury claim, and the defendant’s insurers will have to pay the legal fees of your local personal injury solicitor.
Up until April 2013, upon the conclusion of a personal injury claim, solicitors could recover a ”success fee” from the other side when they won the case. This enabled your local solicitor for personal injury claims, to pay you 100% of the compensation that they had won for you, by successfully settling your claim for personal injury compensation.
Faced with public demand, in April 2013 the government changed the rules, and removed the requirement for the third party to pay the success fee. As from 2013, all solicitors that accept personal injury claims on a No Win No Fee basis, now charge up to 25% of the client’s compensation for their services, upon the conclusion of the claim.
What do the post April 2013 CFA changes mean to me?
If your claim for personal injury, or medical negligence compensation, settled after April 2013, if you were to be awarded £3,000 in compensation for your injuries, the personal injury solicitor representing you would keep £750 (this being 25% of your injury damages) for the work they carried out on your claim. It means that instead of the insurer paying your local solicitor for personal injury claims success fee, the law has changed so that now the injured person has to do so. However, the government then did increase the money that those who have suffered a personal injury would receive for their compensation, by 10%.
Why do personal injury solicitors charge a success fee?
When the law changed in 2013, for any solicitor that accepted personal injury claims on a No Win No Fee basis, their fees were impacted, dramatically. The government accepted that it is the personal injury solicitor that carries out all of the work in a personal injury matter, with the risk of not getting paid, if the claim is unsuccessful. In order to compensate your local personal injury solicitors for the risk they are taking by not getting paid if your claim is unsuccessful, the law allows your personal injury solicitor to charge a success fee if the case is won hence the name ‘no win no fee’. The law governing personal injury claims changed in April 2013, under the new CFAs solicitors can deduct up to 25% of your damages. The success fee is limited to past losses and damages for your pain and suffering and will be deducted from your compensation upon settlement. In the unfortunate event that you do not win your case because liability is denied and the merits of the case are deemed to be poor, then your personal injury solicitor will not ask you to pay any legal costs.
Will there be any time when I pay my personal injury solicitor if my injury claim loses?
As with everything in life, it always pays to tell your instructed personal injury solicitor, the truth. The terms of your No Win No Fee agreement will state something very similar to the following:
give us instructions that allow us to do our work properly;
not ask us to work in an improper or unreasonable way;
not deliberately mislead us;
co-operate with us;
go to any medical or expert examination or court hearing.
Subject to the above, it is important to note that there are circumstances where you would become responsible for your personal injury solicitors’ costs. This would happen if you breach the terms of the CFA for instance by misleading your solicitor, by being dishonest, by giving fraudulent information or if you fail to co-operate at all times.
Why choose MG Legal as my No Win No Fee Personal Injury Solicitors?
When you first contact MG Legal to enquire about making a personal injury claim, our specialist solicitors will listen to you, and immediately advise if we can help you, and how we will help you. Our personal injury solicitors have a success rate in excess of 99% for all of the personal injury and medical negligence claims that we accept on a No Win No Fee basis. And of course, having in excess of 30 plus years in the personal injury claims industry, our team have acquired a list of wonderful medical experts, in every field, that we can call upon to assist our injured clients, at every turn. Our personal injury solicitors believe in treating our injured clients, as we would like to be treat, if the show were on the other foot. Friendly and approachable, but tenacious when it comes to getting our injured clients the personal injury settlement they deserve, if you are looking for the advice of a leading firm of personal injury specialists, and all on a No Win No Fee basis, then welcome to MG Legal- your local solicitors.