No win no fee personal injury solicitors: how to find one and what to expect

"No win no fee" means you do not pay your solicitor's charges if your claim fails. If it succeeds, part of your compensation may go towards a success fee, which the law caps. This guide explains how to check a solicitor is genuine and regulated, what the agreement should tell you, and what happens once you instruct them.

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What "no win no fee" means in law

No win no fee personal injury claims are usually funded under one of two kinds of agreement:

• A conditional fee agreement (CFA). If you win, the solicitor can charge a success fee on top of their basic charges. For personal injury claims at first instance, the success fee taken from your damages is capped at 25% of general damages and past financial losses (Conditional Fee Agreements Order 2013, article 5).
• A damages-based agreement (DBA). The solicitor's payment is a share of your damages, capped at 25% including VAT of the same parts of the award (Damages-Based Agreements Regulations 2013, regulation 4).

In both cases, compensation for future losses is outside the cap and cannot be used to calculate the fee. Our guide to what percentage no win no fee solicitors take works through an example.

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Step 1: Check the firm is regulated

Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). Before you hand over details of your accident:

1. Search the firm on the SRA register.
2. Check the SRA number on the firm's website matches the register entry.
3. Check the address and name match. A trading name should still lead back to a registered firm.

Some businesses that advertise for injury claims are claims management companies, not solicitors. Claims management companies are regulated by the Financial Conduct Authority, not the SRA. Ask who will actually run your claim.

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Step 2: Be wary of cold calls and "cash for claims"

Paying or receiving a fee for referring personal injury claims is banned. Section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 prohibits regulated persons from paying or being paid for referring "prescribed legal business". That includes claims for damages for personal injury.

If someone calls you about an accident you never reported, or offers you cash to make a claim, do not give them your details.

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Step 3: Read the agreement before you sign

A solicitor must give you the best possible information about how your matter will be priced. That applies both at the start and as the matter progresses (SRA Code of Conduct for Solicitors, paragraph 8.7). Make sure the agreement or the client care letter tells you:

• The success fee percentage and which parts of your compensation it is calculated on.
• What you pay if you lose. Usually nothing to your own solicitor, but check the wording on disbursements such as medical report and court fees.
• Whether there is an insurance policy. An "after the event" (ATE) policy covers certain costs risks. Since 2013 the premium generally cannot be recovered from the other side (Courts and Legal Services Act 1990, s.58C). Ask who pays it and when.
• What happens if you end the agreement early, for example if you change solicitor or stop the claim.
• Who will handle your case and how often you will be updated.

You should never feel rushed into signing. If a term is unclear, ask for it in writing.

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Step 4: What the solicitor will do

Once you instruct a solicitor, they will usually:

1. Take a full account of the accident and identify who is responsible. That might be the supermarket, the operator of the premises, or a council.
2. Notify the defendant. For lower-value public liability claims this is often done electronically through the Claims Portal using a Claims Notification Form. Other claims start with a Letter of Claim under the Pre-Action Protocol for Personal Injury Claims.
3. Gather evidence, such as photographs, witness statements, accident records and CCTV requests.
4. Arrange an independent medical report on your injuries and prognosis.
5. Value your claim and negotiate with the defendant's insurer.
6. Issue court proceedings only if the claim cannot be settled, and within the three-year limitation period (Limitation Act 1980, s.11).

Our guide to how a personal injury claim works explains each stage.

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If you lose: costs protection

In personal injury claims, qualified one-way costs shifting (QOCS) usually limits what a losing claimant can be made to pay the defendant. Under CPR 44.14, costs orders against the claimant can only be enforced up to the amount of damages, costs and interest ordered or agreed in the claimant's favour. The protection can be lost if the claim is struck out or is found to be fundamentally dishonest.

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Can you change solicitor?

Yes. You can usually move your claim to another firm. Your existing agreement will say what happens to the work already done. In some cases the new firm deals with the old firm's charges at the end of the case. Read the termination terms before you switch.

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If something goes wrong

Complain to the firm first. Solicitors must have a complaints procedure and tell you in writing, at the start, about your right to complain (SRA Code of Conduct, paragraphs 8.2 and 8.3). If the firm has not resolved your complaint within eight weeks, or you are unhappy with its final response, you can take it to the Legal Ombudsman.

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Summary

• Check the firm on the SRA register before giving it your details.
• Never deal with anyone offering cash for a claim. Referral fees in personal injury are banned.
• The success fee is capped at 25% of general damages and past losses, and future losses are protected.
• Get the success fee, insurance and disbursement terms in writing before you sign.

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Sources

• Conditional Fee Agreements Order 2013, article 5
• Damages-Based Agreements Regulations 2013, regulation 4
• Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 56
• SRA Code of Conduct for Solicitors
• Civil Procedure Rules, Part 44 (QOCS)
• Legal Ombudsman: how to complain