Making a No Win-No Fee Claim: The Pro’s and Con’s

| February 27, 2013
No Win-No Fee Claim

No Win-No Fee Claim

On paper, no win, no fee claims may seem like a fantastic idea. What have you got to lose? Well, there are actually a few drawbacks to no win, no fee claims that you may not be aware of. Consider both sides of the story before you make a decision, as court proceedings can be exceptionally costly.

Lawyers Want You to Win

A normal lawyer won’t have a vested interested in winning your case (except to improve their reputation). No win, no fee lawyers are always under pressure to succeed. Your lawyer will definitely be on your team, unlike normal lawyers who don’t depend on winning cases, and will bring their ‘A game’ to the court, otherwise they won’t get paid! Expect them to furiously fight your corner, as money is a great incentive.

Legal Costs

On the flipside, you’ll certainly have to pay out a lot of money if you win. Usually, the loser pays for the winner’s lawyer fees; however, you’ll have to fork out for any other charges.

Keeping the Damages

Usually you get to keep most of the damages, in the event that you win. Personal injury lawyers will often claim some of the damages for themselves. Some even demand as much as 50% of the winnings. This can mean that any pay-outs you do receive are substantially lower than what you deserve.

Poor Person’s Friend

If you’re struggling financially, you may not be in a position to take a grievance to court, just because you can’t afford it. No win, no fee allows people to take up arms against any injustices that they’ve suffered, so someone can be held accountable. In a democracy, people shouldn’t be dissuaded from claiming, purely because they don’t have many pennies in their piggy bank.

Your Case May Be Dismissed

A no win, no fee solicitor is only going to pick up the cases that have a high chance of success. Why would they want to put their pay cheque at risk? You may be turned down legal aid because your case isn’t strong enough.

You Can Take Out Insurance

If you do lose, you can ensure that you don’t have to pay a thing with ATE (after the event) insurance. Usually, the loser pays for the winner’s legal fees, but you can protect yourself; making it entirely risk-free. This is fantastic if you don’t have enough money to go through traditional court proceedings.

Your Solicitor Might Not Listen To You

Because there’s so much at stake for your lawyer, they may not listen to you when you describe how you want the case to be handled. If you feel uncomfortable with the lawyer’s approach, there’s very little you can do about it. He or she will look after his or her own interests. On the other hand, those interests correspond with yours: winning! So it’s not all bad news.

Produced for specialist personal injury solicitors who help offer insights into the no win debate from a financial perspective – visit their new site here or mail them at Jigsaw Law Ltd, Pioneer House, Pioneer Business Park, North Road, Ellesmere Port, CH65 1AD

Making a No Win-No Fee Claim: The Pro’s and Con’s


Category: Insurance

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