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Funding a Personal Injury Claim

Most claims are undertaken on a “no-win, no-fee” basis – we’ll explain how this works for your personal injury claim.

Understanding no-win, no-fee

A Conditional Fee Agreement (CFA), commonly known as "no win no fee", is the primary way personal injury (PI) claims are funded. This arrangement shifts the case risk from you to the solicitor dealing with your claim. Here's how it works:

Before April 2013: If you entered into a CFA:

  • You wouldn't pay if the case was lost.
  • Typically, you'd receive 100% of the compensation, as the solicitor's fees were recoverable from the defendant.

After April 2013: Changes in the law mean:

  • Some of the solicitor's fees (success fees) are no longer recoverable from the defendant so these will be deducted from the compensation you receive, capped at a maximum of 25% of your compensation.
  • After the Event (ATE) Insurance premium, if applicable, is also not recoverable and similarly deducted from the compensation you receive.
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At TSP, provided we believe in the success of your case, we may offer a CFA. If your case wins, you’ll pay the success fee capped at 25% of your compensation.

Do I Need Insurance?

Yes, if we agree on a CFA, you may need “After the Event” insurance, arranged by us. This insurance is taken to cover your disbursements in the event that your claim is not successful. The premium for the insurance is only paid if your claim is successful and will be paid from your compensation. We will discuss how this insurance works with you in greater detail when we meet with you.

Can I Get Legal Aid?

No, Legal Aid for Personal Injury work ended in 2000. However, some household insurances include legal cover, which we’ll discuss as an alternative funding option.

The Traditional Payment Option

You can choose to pay solicitors’ fees yourself, but this is rare in Personal Injury cases today.

Contact our Solicitors in Colchester or Clacton

We’re here to help. Get in touch or contact one of our offices: