While the personal injury market stagnated last year after a fall of 1.5% in 2020, it was still worth £3.92 billion at the end of 2021.
It’s also projected to grow by a further 2% in 2022, with the marketplace largely driven by the enduringly popular concept of no win, no fee representation.
But what is no win, no fee, and what elements are typically covered as part of this claim? Let’s find out!
What is No Win, No Fee and What’s Covered?
A no win, no fee arrangement (which may also be known as a conditional fee arrangement) describes a structure in which you can pursue a personal injury claim with no discernible financial risk.
As the name suggests, you won’t be liable to pay anything towards your claim or solicitor fees if your claim is unsuccessful. If you win, you’ll be expected to pay around 25% of your compensation payout to your legal representative, although this may vary slightly depending on the nature or scale of the case.
But what’s covered in a no win, no fee claim? Well, solicitors will gauge your claim based on your ability to demonstrate how a particular injury or instance of medical negligence has been caused, while also highlighting precisely how it has affected you physically.
Similarly, your claim will be based on any real-time or future losses in earnings that may have been incurred, alongside changes in your ability to work over time.
Compensation claims should also factor in the cost of long-term care or the changes you’ve had to make to your home, while ongoing treatment costs will also be considered by your legal representatives.
The Different Applications for No Win, No Fee
There are numerous applications for the no win, no fee model, starting with the type of personal or workplace injury that’s typically defined by minor events at work or when visiting a shopping centre.
However, the single most popular trigger for no win, no fee cases is road traffic incidents, which may lead to claims against the insurance firm of the person who’s either fully or partially responsible for the accident in question.
Another common application is medical negligence, which will see you provide evidence and pursue a claim against a specialist insurer of the NHS (the NHS Resolution).
A separate branch of this exists in the form of hospital negligence, where a nurse, surgeon or consultant fails in their duty of care as a healthcare professional.
In this instance, the most common issues occur surrounding treatment and surgical errors, while instances of missed or misdiagnosis are also relatively common.