No Win No Fee Claim Compensation
The no win no fee claim is a relatively new type of legal procedure that allows you to pay your lawyer only with the condition of him winning the case. The conditional fee arrangement, how it’s technically called, gives the opportunity to people who couldn’t have afforded a lawyer otherwise to request their rightful compensation and to claim.
But this type of arrangement is not without its controversies. First and foremost, the reason why it hasn’t been approved for such a long time is this: lawyers who take a case with this kind of arrangement might be prejudiced in their legal endeavors by the fact that they get a part of the pie in case they win. There have been long debates regarding this subject. The matter of fact is that no solicitor is forced to accept a no win no fee case. They first analyze every proposal and only after doing this they come with an answer.
In this type of claim you will only have to pay your lawyer’s fees, which are: the basic fee and the success fee. The success fee is pre-determined, and it is a percentage out of the basic fee. The riskier your case is the bigger success fee you’ll have to pay. Moreover, if the case requires a lawsuit, the success fee will probably be twice than normal. However, you need to pay attention to a very important matter: if you lose the case, you may find yourself having to pay your opponent’s costs. This should be told to you from the start by your solicitor. He will try to find an insurance which covers such an unpleasant event. In the more desirable case that you win however, your opponent will likely have to pay your lawyer’s fees at least partially.
Caution is golden even with no win no fee claims
Make sure that at the beginning of the procedure, you get an estimative figure of how much you will have to pay from your lawyer. This must be done for both the possible outcomes of the case, winning and losing that is. It’s true that the no win no fee arrangement takes a great part of the financial pressure of going through a legal procedure off, but it doesn’t do it entirely. So make sure that you know all these facts before going all the way, and remember that you need to have at least a bit of financial comfort, even your case is a 99% winner.
In order to protect yourself from a potentially very big bill in the case that you lose, you must take out insurance, prior to the case itself. It must cover all the potential payments you would have to make after the case, and this refers to your opponent’s costs. To do that, you have two types of insurances at your disposal, and they are called “before the event” and “after the event” insurance.
The “after the event insurance” covers the opponent’s costs in the case that you lose the case. Your lawyer is the one who needs to keep in touch with the respective insurance company, keeping them informed about the development of the case. The “before the event” insurance works in slightly different way. It is issued with another type of insurance, for example car insurance. It isn’t issued to cover a problem you have, but if you already have it you don’t necessarily need to make a no win no fee claim. Often enough, it will pay for your lawyer’s fees and your opponent’s costs.
So, to sum it up, here’s what you are probably going to have to pay, in both the possible outcomes of your claim:
If you win the case, you will have to pay for: your lawyer’s basic fee; your lawyer’s success fee, if that’ the case; the amount for the “after the event insurance”, if this is the case. The good news is that your opponent will have to pay all of these fees, or at least a big percentage of them
If you lose the case, you will probably have to pay: general expenses (court fees, for example); your opponent’s fees (his/her solicitor’s fees, including the basic fee and the success fee). There are also other expenses you might find yourself having to cover, like the expert-witness fee.
I hope I shed at least a little bit of light on this new method of legal procedures. While it’s not as black-and-white as its name suggests, it’s still a good option for people who found themselves in a road accident, a work accident, or similar events that caused personal injuries or damage to properties. However, make sure that you follow all the instructions given above, in order to come out clean. You surely don’t want to find yourself struggling to pay for your opponent’s costs because you didn’t know how things work under such a procedure. But if you are will informed, the no win no fee claim may just give you the reward you are looking for.
The Author
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