Posted 1 year ago by aequitaslegal
With thousands of legal firms using the strapline ‘no win, no fee’ it can be difficult to know what the phrase entails and the process that a claimant will go through when making a claim.
This article will uncover: What the phrase ‘no win, no fee’ means, how a claim process typically works, tips on choosing the right law firm and the experience of a real-life claimant.
‘No win, no fee’?
‘No win, no fee’ is another term for ‘Conditional Fee Agreement (“CFA”) which means that a legal firm will take on a case with no upfront cost to the claimant. This can be in relation to financial mis-selling or personal injury amongst others.
The result of the claimant’s case will determine the outcome, for example, if the case is unsuccessful then the claimant will not be liable for any legal fees subject to them complying with the terms of the CFA. If the claim is successful, then a fee will be deducted from the total value of the claim. This is usually a set percentage which may vary from firm to firm but in personal injury claims is capped at a maximum of 25% of total damages but excluding future damages. It is important to recognise that it is within both parties interests for the claimant to have a successful claim. Secondly, claimants should be aware of the investment for a legal firm working under CFA as cases can take between 12 to 24 months.
How do I make a claim?
A similar process is followed and can be broken down into the following steps:
1. Assessing the case: The legal firm advisor will ask a few questions to assess your situation to see if you have a legitimate claim.
If your claim is in relation to financial mis-selling then they may ask you to give details of when you took out the loan, who it was with and details of your repayments. Examples of financial mis-selling claims include: Mis-sold mortgages, mis-sold investment and mis-sold insurance.
When making a personal injury claim, then the firm may ask for any significant details relating to the incident and if you believe the appropriate procedures were followed correctly by the company or individual who you believe has caused the incident. Examples of personal injury claims include: Accidents in the workplace, holiday claims, beauty negligence, road traffic accidents amongst others.
From the information provided the firm will access the case and decide if they should take it on.
2. Provide advice: If you have a case, the advisor discuss the options available to you and provide legal advice.
3. Attending any appointments: If the case progresses then the claimant may need to attend court, medical appointments and approve evidence (if applicable).
4. Frequent communications: The claimant will receive regular updates from their legal advisor on the status of their claim.
5. Results: If the claim has been successful then the claimant will receive a cheque in the post. If the claim is unsuccessful then the claimant will not be liable for any fees.
Although a similar process is followed by numerous firms, what can be difficult for the claimant is knowing which firm to trust.
Which law firm is right for you?
When considering a personal claims specialist there are a few factors to consider. First of all, reputation. Online reviews can be a great indicator and are perhaps the quickest way to find out about a firm you are considering. If they have poor reviews relating to customer service or communication then further research can be conducted to find a better firm.
An expert team with industry experience is a given. If the firm does not have a great deal of experience with your claim type then it may be better to look elsewhere. Be willing to check qualifications.
Success rate is another key indicator. This percentage outlines on average, how many cases the firm wins that they take on. Although it can depend on a number of factors outside of the firms’ control it can separate the good from the great. Remember to shop around, make sure the firm you select has positive reviews, experience and ask for their success rate.
A claimant’s experience:
Here is an example of a claimant experience and the type of reviews to look out for. Recommendations are vital in this industry as this process is an investment for both the claimant and the law firm.
Devyani Patel shared her experience with the Manchester-based law firm, Aequitas Legal. She explained: “My experience with Aequitas Legal has been great. I was given no nonsense, realistic expectations and I am very happy with the outcome. Using their app made the experience even easier, however I always managed to speak to someone if I needed clarification on anything. I would highly recommend Aequitas Legal!”
Sucheet Amin, Founder and Managing Partner of Aequitas Legal said: “We’re thrilled that Devyani had a great experience with us, she joins the hundreds of people that have received compensation. Our process is kept very simple and our expert team are on hand to guide you through the process.”
Matthew qualified as a Solicitor in 2009 and has worked in the personal injury field ever since, working in most areas of personal injury work. He has substantial experience in dealing with accidents in the workplace and accidents in public. He also heads up the Travel Claims Department which deals with accidents abroad in many areas such as road traffic accidents, package holiday accidents, cruise ship holidays and accidents on an aircraft.
Matthew has worked on and continues to work on claims of significant value. His most memorable settlements have been:
• Accident at work settling for £240,000.00 in which an individual employed as an engineer for Go-Ahead London Buses had his tibia and fibula broken as a result of a bus driver reversing over his leg whilst he was repairing the bus. The individual was left with permanent mobility problems and was unable to return to employment with the company.
• Recovered £50,000.00 for a lady who slipped on ice in the car park of a Co-operative store in Carlisle in which she fractured her right ankle. The Claimant was unemployed at the time of her accident and therefore the vast majority of her damages comprised of damages for personal injury compensation in addition to carer’s and treatment/rehabilitation costs.
• Occupiers claim in which two individuals slipped on foil confetti at an event at Blackpool Tower Ballroom in which one of the individuals suffered a fractured jaw and the other a fractured elbow. The case was disputed close to Trial before a settlement of £29,000 was agreed. Neither of the individuals required time off work, however, they did receive compensation for care they required post-accident in addition to injury.
Matthew is passionate about building a relationship with each of his clients in order to meet their expectations and understand them. having worked at the firm since it was established, his dedication to his work and customer service is unquestionable.
Carl qualified as a Solicitor in 2000 and has specialised in the personal injury matters ever since. He has substantial experience in dealing with accidents in the workplace accidents, accidents in public and serious road traffic accidents.
Suzanne has worked for Aequitas Legal since 2013, having worked in personal injury since 2008. She specialises in beauty negligence claims having helped various clients in relation to hair dye, eyelash and tattoo claims. In addition, she deals with a variation of RTA, employers liability, public liability and occupiers liability claims.
Paschal qualified as a Solicitor in 2005 and has worked in the personal industry field ever since.
Ian has many year’s experience firstly within the motor insurance industry, before moving into the personal industry field in 2001, working in most areas of personal injury work. He has substantial experience in dealing with accidents in the workplace and accidents in public as well as road traffic accidents including serious injury.
Jenny qualified as a Solicitor in 2004 and has worked in most areas of personal injury work.
Sarah has worked within the legal sector for 10 years; she has worked within the personal injury field for 7 years.
John graduated with a Masters in Law in 2014 and has worked in the personal injury field since then.
Diane works as assistant to Carl Davies, Senior Associate Solicitor, providing support on a varied caseload.
Mahmuda has worked in the personal injury field for almost 5 years as a Litigation Executive.
The Claimant came to Aequitas Legal after being told by his previous firm of solicitors that his case was being closed as he had no prospects of success.
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