No-win no-fee claims are cases that attorneys handle on a contingency (pro bono) basis. The lawyer listens to the details of your case during the initial consultation, which is usually free, and if he or she chooses to pursue the claim, you pay nothing in legal fees to your own lawyer if the case is lost. However, if your lawyer wins the case or settles in her favor, you pay a contingency fee ranging from 25% to 40%. Traditionally, 25% is the norm for a dispute that is resolved before any substantial legal work has been done. If the lawsuit proceeds to the discovery phase, where attorneys investigate and file motions about what evidence can be admitted at trial, the standard is 30%. If the case is won, your lawyer could end up receiving between 33% and 40% of the damages recovered.
No Win No Fee Personal Injury Claims in the US vs. the United Kingdom
Please note that contingency fees are standard in the US. In the UK, solicitors do not get a percentage of the award. In contrast, no-win, no-fee attorneys still don’t charge anything up front, but do charge their regular flat fee plus an increase, which is a surcharge that can be up to 100% of the original fee. Another client expense on the horizon in the UK, and sometimes in the US, is the possibility of having to pay the prevailing party’s legal costs. Be sure to clarify this before proceeding with the case, as this can be an unexpected and unpleasant surprise for many litigants.
Customer expenses are not necessarily limited to contingency fees and increases. A personal injury lawyer not only spends time, but spends money on doctors and accident reconstruction experts, paralegals on the payroll, court filing costs, etc., all of which are passed on to the client if the lawsuit is successful. He is also paying for the attorney’s own billable hours in addition to the contingency fee. Lawyers with more experience charge more per hour, but their experience may end up being a cheaper expense, since they are generally more efficient at organizing and delegating work, and have more resources at their disposal.
When you see an injury claim attorney for the first time, it is important to be as candid as possible about the incident in dispute. They are usually good at sniffing out potential clients who falsify the facts to minimize their role and liability in the injury. They probably won’t tell you if they think you’re hiding something, but if they’re competent enough that you want to keep them, they’re probably smart enough to know exactly what kind of risk they’re at. by representing you. Your success rate has as much to do with selecting good clients as it does with your own litigation skills. The fact that one is willing to take your case is a good indication that they have a case, since they are putting their time and money on the line.
Before you see a lawyer, do some work up front by gathering as much documentation as possible so you can present it during your initial consultation. This means any medical reports, police reports, prescriptions and receipts for them, test results, records of lost work days related to injuries, and records of any medical visits. The more information you can gather before you really need it, the more likely you are to get good advice for a no-profit, no-fee personal injury or workplace accident compensation claim.