As the title suggests a conditional fee agreement is an agreement with a solicitor that they work on your claim and are only paid for their time on the condition that they win you compensation. This 'success fee', as it is sometimes called is paid as a deduction from the amount of compensation you are given and can never be more than twenty five percent of the damages awarded.
If you win, any other any expenses (also called disbursements) are paid to the solicitor by the otherside and any fee for their time for working on your case to get you the maximum amount of compensation, is taken from the compensation that you are rewarded. Therefore a solicitor will only ever take on a case if they believe that you will win.
If you lose your claim, you will not be expected to pay any legal costs. A solicitor will recover all expenses including medical reports and investigation cost throuh a legal expense insurance policy.
Any compensation paid awarded to you does not come direct from your employer nor the NHS, but from insurance that covers them for accidents or mistakes. In the case of your employer, they have a legal obligation to take out Employers' Liability Insurance.
The compensation that you are awarded comes from the insurance company your employer used at the time. The company may no longer exist, but we will be able to track down the insurance company they used.
If you are unsure if you have a claim for compensation or if you are unsure how a no win no fee claim works, then complete the form below and one of our advisors will call you back and answer any questions you may have.