What is no win, no fee?
This is an agreement or formal contract between a client and a solicitor. It is most often used in personal injury claims but can also be used in other types of civil litigation. In the event that the claim is unsuccessful then in most cases, the solicitor will not charge their client.
Will I have to pay anything if my claim fails?
No. ASD’s ‘No Win – No Fee’ service, which means if you lose you pay nothing. If we incur any expenses on your behalf such as the cost of obtaining a medical report, you will not be asked to pay for these.
What do I pay if I win?
All you pay is a success fee. This is a fixed % of your damages and is agreed in the ‘no win no fee’ agreement entered into at the beginning of the case. The success fee can never be more than the agreed fixed % but can occasionally be less.
There are no hidden fees, so there will be nothing else for you to pay.
Are all 'no win, no fee' agreements the same?
No. In the event of a ‘win’ some law firms charge clients more than a success fee. There are two main ways some law firms get clients to pay in addition to the success fee – a shortfall on recovery of their costs and an insurance premium for an insurance product (ATE).
ASD do not charge a shortfall nor an ATE premium.
Shortfall
In the event of a ‘win’ in addition to a client paying the success fee, law firms are able to seek their costs and expenses from the paying party, often an insurer. If they cannot recover all of their costs from the insurer, they may seek to recover any shortfall from their clients. The shortfall is deducted from the damages in addition to the client paying the success fee.
Insurance Premium
Some law firms require clients to purchase an after-the-event insurance policy (ATE). This policy provides protection in the event the claim fails – paying for such expenses as court fees and medical expert’s fees.
The premium cannot be recovered from the paying party and is deducted from the client’s damages in addition to the success fee and possibly a shortfall in recoverable costs. In higher value cases the insurance premium can run into many £1000’s of pounds. Some solicitors have a financial interest in the insurer providing the policy.
Does ASD deduct a shortfall if they can't recover all of their costs?
No. We will not charge you the difference between our costs and what we can recover from your opponent. In our no-win, no-fee agreement, all you pay is the success fee.
Does ASD charge an insurance premium for an insurance policy?
No. We will not require you to take out an insurance policy, and therefore you will not be charged an insurance premium at the end of the case. We take the risk, and this is one of the reasons that justifies the success fee.
What is the level of the success fee?
This will depend on the complexity of the case and its value. In major trauma cases, we guarantee the success fee will never be more than 10% plus VAT of any damages recovered. In an accident at work case – we guarantee the success fee will be less than 25% of the damages recovered.
Do children pay a success fee?
No. The service to children is free and there are no deductions if the case is successful. A child will therefore receive 100% of their compensation.
Am I free to instruct a Solicitor of my own choice, rather than what my insurance company has recommended?
Yes. Legislation states that you have a right as a client to instruct a Solicitor of your own choice to handle your case.
We would always recommend choosing a specialist firm with a dedicated team who are experienced in the area where you wish to make a claim.
ASD have expert Solicitors who have a wealth of experience in dealing with serious injuries, road accidents, accidents at work, and industrial disease cases.