Personal Injury Claims — Our Practice Areas
No Win No Fee — How It Works
Most personal injury and medical negligence claims are funded by a Conditional Fee Agreement (CFA) — commonly known as "no win no fee". Under a CFA:
- You pay nothing upfront and nothing if your claim does not succeed
- If you win, the defendant's insurer usually pays your solicitor's base costs
- Your solicitor's success fee (a percentage uplift on their base costs) is capped at 25% of your general damages and past losses — it cannot eat into your future care or loss of earnings awards
- After the Event (ATE) insurance can protect you from paying the other side's costs if your claim fails — your solicitor advises on whether ATE is appropriate
For the most serious medical negligence cases involving children or severely disabled adults, legal aid may be available through the Legal Aid Agency.
What Compensation Can Include
Frequently Asked Questions
How long do I have to make a personal injury claim?
The standard limitation period is 3 years from the date of the accident or — for conditions that develop over time — from the "date of knowledge": the date you knew or ought reasonably to have known that your injury was significant and attributable to the defendant's act or omission. For children, time does not run until their 18th birthday, giving them until age 21 to claim. For people who lack mental capacity, time does not run at all while capacity is absent. A solicitor confirms the limitation position in your case at the outset.
What is "no win no fee"?
A Conditional Fee Agreement (CFA) means your solicitor only charges a fee if your claim succeeds. The success fee is capped at 25% of your general damages and past losses — it cannot exceed this cap and cannot be taken from future care or loss of earnings. If your claim fails, you pay nothing to your solicitor. After the Event insurance can be arranged to protect you from any adverse costs order — your solicitor advises on this at the outset.
Do I need to go to court?
The vast majority of personal injury claims settle out of court — typically 95%+ of cases settle through negotiation between solicitors before a trial is necessary. Where the defendant's insurer denies liability or disputes quantum (the value of your claim), proceedings may be issued in the County Court. Your solicitor advises on the litigation risk at every stage. Issuing proceedings does not mean the case will go to trial — settlement can be reached at any stage.
Can I claim if I was partly to blame for the accident?
Yes. The Law Reform (Contributory Negligence) Act 1945 allows a court to reduce your damages by the percentage of blame attributed to you. This is called contributory negligence. For example, if you were 20% to blame for an accident, your damages are reduced by 20%. Not wearing a seatbelt typically attracts a 15–25% reduction. A solicitor advises on the likely contributory negligence finding in your case and the impact on your compensation.
How long does a personal injury claim take?
Simple, low-value road traffic claims in the Official Injury Claim (OIC) portal typically take 6–12 months. More complex injury claims — serious injuries, disputed liability, or cases requiring multiple expert reports — take 1–3 years. Medical negligence claims, which require expert evidence on both breach of duty and causation, typically take 2–4 years. Your solicitor keeps you updated at every stage and pursues interim payments from the defendant's insurer where your losses are ongoing and significant.