Can I keep 100% compensation with no win, no fee?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I keep 100% compensation with no win, no fee?

    It is important to remember that no win no fee and 100% compensation are two very different concepts. Knowing the difference between the two can make a big impact. Having a clearly defined idea of what each concept entails is key to your personal injury or accident claim in the UK.

    No win no fee means, quite literally, that if you do not win your case, you do not have to pay your solicitor fees. If you do win your case, your solicitors fees are usually paid as a percentage of the compensation you are awarded (25% at most).

    100% compensation means that you personally receive the full amount of compensation you are entitled to. If you are not offered a 100% compensation clause, you may be required to sign a conditional fee agreement. A conditional fee agreement entitles your solicitor to up to 25% of your compensation.

    While it is ideal to receive a no win no fee claim offer on a 100% compensation basis, most no win no fee solicitors simply do not offer it as a result of changes to the law in April 2013. These changes mean that solicitors can no longer claim their success fee from the losing party. A conditional fee agreement still means at least 75% compensation and no solicitor fees. With or without a 100% compensation clause, winning a no win no fee claim means you will receive compensation for your personal injury. Losing a no win no fee claim, of course, leaves you no worse off than before.

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