A no-win, no-fee personal injury claim is a lawsuit where the attorney waives fees unless the plaintiff receives compensation. Attorneys are selective about cases and may charge for incidental costs. The fee percentage can vary up to 35% if the case goes to court.
A no-win, no-cost personal injury claim is a type of lawsuit, usually civil, brought by an attorney representing a plaintiff. This type of lawsuit is referred to as a “no win no fee” because the attorney will waive basic attorney fees unless the plaintiff he represents receives money in the case. Once the money has been awarded, the attorney will typically take a certain percentage as a fee. This type of claim is a risky proposition for an attorney, and an attorney will usually only take a case that he or she deems worthy.
Also called a contingent fee claim or settlement, a no-win, no-fee personal injury claim can be any type of personal injury claim. These are usually accidental claims, such as automobile accidents, construction accidents, wrongful death lawsuits, and medical malpractice claims. When an attorney takes on this type of personal injury claim, the attorney and plaintiff typically agree on the hourly attorney fees and other expenses involved in building a case. In a no-win claim, however, the attorney agrees to forfeit his fees unless he wins the case and the plaintiff is awarded monetary compensation.
This type of claim is often beneficial to someone who may not have the money to pay an attorney before the award of money from a personal injury case. Because an attorney working on these types of cases won’t actually make any money unless the case is won, attorneys are very careful about which cases they take in an emergency. There are also a few things a plaintiff should consider in connection with a no-win personal injury claim.
Although legal fees are not paid until compensation is awarded, incidental costs may still be charged to the client whether a lawsuit is won or lost. These expenses may include the cost of making copies, mailing documents, interviewing witnesses, and basic court fees. A plaintiff should be aware of these costs throughout a case, and some attorneys will enlist the help of a plaintiff in performing these tasks, rather than charging to perform them. The percentage that an attorney will make from a no-win, no-fee personal injury claim can vary widely; it can be up to 25% of the money awarded if the case is settled before pre-trial discovery, although if the case is won after going to court, the fee can be closer to 35%.
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