The Definition of No Win No Fee Agreements

In this guide, we discuss No Win No Fee agreements. Learn how to claim compensation with Conditional Fee solicitors. If you were owed a duty of care and this was breached, you might have an eligible claim.

Legal representation could benefit your claim. However, this has traditionally been expensive and out of reach for a lot of people. Under No Win No Fee agreements, you can minimise your financial risks while still having the legal representation that could make the legal process seem easier.

We explore the duty of care that is owed to you on the roads, in work and in public spaces with the legislation that governs this. In addition, we look at how injuries could occur and include a few examples of the types of injuries you could experience.

Examples of compensation are explored, along with an explanation of what general damages and special damages both mean. We also look at a few examples of what costs you could recover under special damages.

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A guide to No Win No Fee agreements

Choose A Section

Guidance – No Win No Fee Agreements
Determining Compensation For A Personal Injury Claim
Understanding Accidents That Lead To No Win No Fee Agreements
How Do Personal Injuries Happen?
What Do I Pay My No Win No Fee Solicitor?
More Information – No Win No Fee Agreements

Guidance – No Win No Fee Agreements

If you’ve been injured in an accident caused by third-party negligence, whether it is at work, on the roads, or in a public place, you may wonder what No Win No Fee agreements could do for you. Also, you might wonder what injuries you could claim for. Your injury does not need to be life-altering to access No Win No Fee solicitors; however, it must have been caused by another party’s negligence. This occurs if you are owed a duty of care and it is breached. We explain the duty of care further in this guide.

Free legal advice is available from our advisors.

How Often Do Injuries Happen?

51,211 total non-fatal employee injuries were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21. These numbers were collected by the Health and Safety Executive (HSE).

On the roads, 2,010 pedestrians were seriously injured in January-June 2021. As were 2,000 cyclists and 2,210 motorcycle users. The Department for Transport collected the statistics for the reported road casualties in Great Britain.

You do not need to be in a road traffic accident or have suffered an injury at work to file with No Win No Fee lawyers. Users of public spaces may also claim if they were injured due to the negligence of a party in control of that area.

Determining Compensation For A Personal Injury Claim

We can provide examples of a No Win No Fee compensation payout. We cannot, however, tell you how much your award might be. Also, you might be invited for an independent medical assessment as part of your claim. This is to get a more accurate view of your injuries and the impact they have on your life. Claims come with two potential heads: general damages and special damages. Examples of each are provided below.

General Damages

Your physical injuries and any connected emotional distress come under the general damages head of your claim. To value your injuries, legal professionals use a document titled the Judicial College Guidelines (JCG). The potential compensation brackets for each injury are listed. In the table below, we’ve provided a selection of examples from the 16th edition published in April 2022.

Injury	Potential Compensation	Notes
Moderate brain damage (i)	£150,110 to £219,070	Brain damage leading to moderate to severe intellectual deficit, personality change, impact on senses and a significant epilepsy risk.
Severe pelvis and hips injuries (i)	£78,400 to £130,930	Extensive fractures of pelvis leading to substantial residual disabilities.
Severe post traumatic stress disorder (PTSD)	£59,860 to £100,670	Permanent inability to function at pre-trauma level in all areas of life.
Toe injuries (b)	In the region of £31,310	Great toe amputation.
Kidney damage (c)	£30,770 to £44,880	Loss of one kidney with no damage to the other.
Moderate neck injuries (i)	£24,990 to £38,490	Severe immediate symptoms from fractures or dislocations.
Vision loss (f)	£23,680 to £39,340	Serious but incomplete vision loss in one eye without significant risk to the other eye or constant double vision.
Jaw fracture (ii)	£17,960 to £30,490	Permanent consequences from a serious fracture.
Lower arm fractures	£6,610 to £19,200	Simple forearm fractures.
Digestive system traumatic injury (iii)	£6,610 to £12,590	Penetrating wounds, lacerations or serious seat-belt pressure.

Special Damages

As part of No Win No Fee agreements compensation, you may be able to claim for the costs associated with your injuries. This is known as special damages. To claim, however, you will need to supply evidence, such as receipts.

Recovered costs could include:

Medical expenses, such as therapy costs.
Loss of earnings if you are out of work for any length of time.
Repairs and replacements if any of your personal property is damaged in the accident that caused your injuries.

We cannot provide you exact figures of your No Win No Fee settlement amount, however, our advisors can provide you with an estimate.

Understanding Accidents That Lead To No Win No Fee Agreements

In order to file for compensation under No Win No Fee agreements, you must be able to prove another party owed you a duty of care and this was breached. You may wonder what this means. Below we provide examples of where you can be owed a duty of care, who owes it and how it can be breached.

At Work

Under the Health and Safety at Work etc. Act 1974 (HASAWA) your employer owes all employees a duty of care. This means that they must take reasonably practicable steps to reduce risks in the workplace.

Reducing workplace risks could look like:

Providing free training.
Adequate personal protective equipment (PPE), also provided for free if it is required.
Ensuring required equipment checks are carried out.

On the Roads

Road users owe each other a duty of care under the Road Traffic Act 1988. If another driver is driving dangerously, for example, due to alcohol consumption and you are injured in a road traffic accident as a result, you may be eligible to claim compensation. This is because they breached their duty of care by getting behind the wheel when they were knowingly inebriated. No Win No Fee agreements can be used for these types of claims as well as those listed below.

In Public

Controllers of a public space, such as the local council, owe you a duty of care under the Occupiers’ Liability Act 1957. The owner or controller of the space needs to take reasonable steps to ensure that the space is safe for its intended use. An injury could occur by tripping over loose tiles, for example. However, the owner of the space could reduce the risk of the loose floor tiles until they can be repaired as a reasonable step to prevent injury.

To find out more about No Win No Fee agreements, contact our advisors.

How Do Personal Injuries Happen?

In order to claim compensation, you will need to supply evidence that you were owed a duty of care and this was breached. The actions you take following an injury could support your claim.

You could:

Seek medical attention.
Request CCTV.
Note witness contact details (for statements at a later date).
Seek legal advice.

Causes of injuries include:

Lack of appropriate gloves at work could cause hand injuries.
A fall from a height could occur if safety railings are damaged on a staircase, for example, and this isn’t signposted. A head injury could occur.
Claims against the council could happen if someone breaks their leg tripping over uneven paving that has not been fixed, even though the council is aware of it.

Contact our advisors to discuss your injury and the evidence you could submit to strengthen your claim.

What Do I Pay My No Win No Fee Solicitor?

You may be interested to know that No Win No Fee agreements are also called Conditional Fee Agreements (CFA). Under a CFA, you will pay no upfront solicitor’s fee. This may leave you wondering how payments for No Win No Fee agreements work as not many people, solicitors included, work for free.

These sorts of arrangements offer a way for you to have legal representation with a minimised financial risk. The proper legal representation for a personal injury claim could make the claims process seem easier and benefit your claim. Instead of an upfront solicitor’s fee, you will pay a legally capped success fee. This is taken from your award.

Get Advice On No Win No Fee Agreements

Free legal advice is available from our advisors. They can estimate the general damages you could potentially claim. In addition, they can provide you with examples of costs you could recover specific to your circumstances and what evidence you could submit to recover them. They can also discuss the circumstances that led to your injuries and what you could use to strengthen your claim.

To contact us:

Use our claim online form.
Phone us on the number at the top of the screen.
Use the live chat feature.

More Information – No Win No Fee Agreements

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Publisher Ruth Vaughn

Writer Danielle Ball