No Win No Fee – Is This A New Legal Category?

Falling victim to an injury like slipping due to a wet floor, a work injury or whiplash because the car behind you lost control can be quite traumatic both physically and mentally.

You might be awarded with some compensation but what if you lose the hearing. Then you’re racked up with recovery costs like hospital bills andto top that off you also have to pay your attorney fees.

This is where a No win No Fee type of settlement comes in. This was introduced in Australia in 1994 and was a response to the concern that not everyone can afford legal costs and therefore counsel to claim what should rightfully be theirs.

What Exactly Is This?

Also known as contingency fee arrangement, A No win No fee case is where the client doesn’t not have to pay if they lose the case. 

This is to make sure that everyone who is injured as a result of negligence is given a chance to be compensated.

Legal fees can be quite expensive depending on the case. It depends on how complex the case is, and because lawyers are mostly billed by the hour, the amount of time taken to build up a case.

Some examples of claims under a contingency fee agreement are personal injury in a workplace, car accident, asbestos, public liability, medical negligence etc.

Even under a contingency fee agreement for some cases like medical negligence you might have to contribute a bit for the upfront costs as these are quite complex and requires a lot of discovery.

Is Every Physical Injury Case Eligible?

It actually depends on the case and the firm in question. There are some general criteria to follow before it decided that it’s a No Win No fee case.

Firstly, your claim has to be legit and isn’t emotionally or technically bias. You should prove that you have no financial backing to afford legal counsel and that’s why you are opting for this arrangement. Some cases are not completely free, and you might have to pay an amount before the settlement.

Another reason as to why your claim as to be legit is that sometimes there is a risk of you having to pay the compensation to the defendant incase you lose the case.

You have nothing to worry because before you lock into an arrangement there are specific no win no fee lawyer who will run you through all scenarios.

Benefits of A Contingency Fee Arrangement

1.      No Upfront Payment

Again, this heavily depends on the type of case and it’s always good to consult an attorney and discuss everything before deciding

2.      No Lawyer Charges Without A Win

This is actually the main benefit. You don’t have to pay the attorney hourly or even agree to a retainer.

If you do win however with the settlement you get you can easily pay the legal fees.

3.      Incentive for Lawyers

Since they don’t receive a payment if they lose, they are fully motivated to win the case no matter what.

Next time you face and injury and can’t afford a lawyer consider this type of agreement but only if your claim is legit and has legal merit.

Leave a Reply

Your email address will not be published. Required fields are marked *