Understanding ‘No Win No Fee’ claims
Many kinds of claim cases are eligible to be part of a Conditional Fee Agreement, also known as ‘No win no fee’. For instance, if one meets with an accident and suffers critical injuries due to someone else’s carelessness, he/she is eligible to make a claim.
Therefore, it is always advisable to hire services of a ‘No win no fee’ solicitor to make a successful claim and get appropriate compensation. In a ‘no win no fee’ claim, a claimant is not liable to pay any fees to the solicitor if the case is lost.
Apparently impressed by the success of ‘no win no fee’ cases, the NHS (National Health Service) Counter Fraud Department in UK is in now availing the conditional fee agreement services of a law firm to recover money lost due to fraud.
Around £6 million per year is recouped to the NHS by pursuing legal actions against scammers and fraudsters. The majority of fraudulent cases involve major private contractors, dentists, pharmacists and GPs.
"We want to help get more funds back into the health service and I think this agreement will help us do that,” Allan Carter, head of operations at the NHS Counter Fraud Service, was quoted by the BBC News, as saying.
If the ‘no win no fee’ claim is successful
In a conditional fee agreement, a ‘no win no fee’ solicitor is only paid if he/she wins the claim for the client. In such cases, the solicitor is also paid an additional ‘success fee’. Both the ‘success fee’ and the basic fee are usually borne partially or completely by the losing side. Other incurred expenses like medical report fees or the court fees are called disbursements and also borne in whole or part by the losing side. A claimant is liable to pay all the other costs to the solicitor which the losing party is not entitled to pay.
If the ‘no win no fee’ claim in unsuccessful
A ‘no win no fee’ solicitor is not entitled for any fees under the conditional fee agreement if she/she loses the claim, but the claimant will probably bear the costs of the successful side. Also, a claimant needs to pay for the disbursements. A solicitor is usually able to arrange ‘after event’ insurance to cover such risks for which claimant may pay the premium.
Once claimant approaches ‘no win no fee’ solicitors, they will brief them with the conditional fee agreement process. Many claim firms have now setup websites which give adequate information on the ‘no win no fee’ policy.
When hiring services of a claims firm, the claimant should look into the kind of claim cases it covers.
One should not hesitate to contact these firms to clear every possible doubt in his/her mind.
A good claims firm has a panel of experienced solicitors who will review the case and analyse whether they can take the claim case on a ‘no win no fee’ basis. If the panel approves the deal, the claim process is immediately moved forward and will most likely result in a successful claim.
Updated on 10/14/2009