Can I pursue a personal injury claim for free?

Basically, when personal injury solicitors offer their services for free, what they are offering is to take on your claim under a conditional-fee agreement, commonly referred to as a CFA. Under a CFA, you don't need to pay for your personal injury solicitor's legal fees as they are incurred – you only need to pay their fees if and when you win your case. Even then, if you have won your case generally the losing party will be ordered to pay the legal costs of the winning side, which includes your solicitor's bill and court costs, amongst other things. So, in this way, the service is said to be free.

However, it is important to understand the costs that can be involved in a no-win, no-fee personal injury claim, both before, during and after the claim. Before the claim, your personal injury solicitor may insist that before they will even take on the claim under a CFA you will need to pay a risk-assessment fee. This fee covers their time spent looking into your case to see whether your case is suitable to offer a CFA. This entails a preliminary assessment of the prospects of success of your case and the degree of risk involved.

During the claim, you may be asked to pay various costs as they arise, such as court fees, counsel's fees and expert's fees.

After the claim, if your claim is successful, you need to be aware that your CFA will usually allow your personal injury lawyer to charge a 'success fee' on top of their normal fees. Whilst usually you won't have to pay this fee yourself, it is important that you understand if there are any circumstances in which you may be liable to pay the fee.

On all accounts, speak to your personal injury lawyer and ask them to explain what potential costs you could be liable for if you use their services under a CFA.

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