- MH360 Legal Hub
Start with the agreement, not the advert
“No win, no fee” sounds simple. You only pay if you win, surely? A conditional fee agreement, often called a CFA, generally means your solicitor does not charge their agreed legal fee if the claim is unsuccessful. But that does not automatically mean there is no financial risk, and it does not tell you what will be deducted if you succeed. Before signing, ask for a written explanation using your own likely claim as an example.
What happens if you win?
A successful claim may result in the defendant or insurer paying some legal costs. Your solicitor may also charge a success fee under the CFA. For most personal injury CFAs in England and Wales, the success fee is capped at 25% of the compensation for pain, suffering and past financial losses; damages for future care and future financial loss are excluded from that calculation. That is a maximum, not a standard fee every firm must charge. Ask what percentage your solicitor proposes, whether VAT is included in any example, and which other deductions could apply.
What happens if you lose?
Your solicitor's basic fee may not be payable under the CFA, but other expenses need careful attention. Medical reports, court fees, barristers' fees and the other side's costs can arise in some circumstances. Qualified one-way costs shifting provides important protection in many personal injury claims, but it is not absolute. Your solicitor should explain the exceptions and whether after-the-event insurance is recommended, what it covers and who pays its premium. Do not assume an insurance policy covers every possible bill.
Five questions worth asking
Ask for the total amount you might pay if the claim succeeds; what could happen if it fails; whether you already have legal-expenses insurance; who pays for medical evidence and rehabilitation; and what happens if you decide to stop the claim. Also ask who will actually handle your case and how often you will hear from them. A clear answer now can prevent an unpleasant surprise eighteen months later.
A worked example is more useful than a slogan
If you are shown a possible settlement of £10,000, ask the solicitor to set out the estimated amount you would receive after any success fee, insurance premium and other permitted deductions. The exact calculation depends on how the damages are divided between injury, past losses and future losses, and on the agreement itself. A headline percentage alone will not tell you your take-home amount.
Remember the other routes
Some minor road-traffic injury claims in England and Wales can be made through the Official Injury Claim service without a solicitor. Your existing insurance may also provide legal help. Neither route suits every injury or every circumstance, so compare the options before choosing. If you have a complex injury, substantial loss of earnings or an uncertain recovery, specialist advice is particularly valuable.
A little help can go a long way
Share this with someone weighing up a personal injury claim. MH360 Legal works alongside independent solicitors and rehabilitation professionals, with a focus on clear pricing and support that puts the injured person first.
