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Guide to No Win No Fee Personal Injury Cases and Attorneys

Updated on October 5, 2010

Personal injury claims often call for the assistance of an attorney since they tend to get extremely complex and difficult most of the time. This is especially true for work injury claims, medical malpractice claims, road accidents claims, etc. In addition, personal injury laws vary from place to place. Therefore, it is always recommended that one seek legal advice from a professional before filing a claim.

Most lawyers today demand very high prices. Therefore, if the compensation expected is not very large, it becomes unfeasible to take a lawyer’s help, as there is a risk that one is spending more on the lawyer than one expects to get as the personal injury compensation. The other alternative to this is hiring an inexperienced lawyer who would charge you less fee. However, even this alternative is imprudent since experience is crucial in complex cases such as those pertaining to personal injuries.

However, there is yet another safe alternative to this problem: that of hiring a no win no fee personal injury attorney. As the name suggests, a no win no fee personal injury attorney would not charge you anything if he or she fails to get you the compensation. While this sounds all too attractive, there are some hidden conditions and terms that you must be aware of before you hire such an attorney.

Additional Expenses

To begin with, “no fee” does not mean that you would not have to pay anything to anybody in case you lose the case. There are usually expenses involved in carrying out the legal proceedings that you would have to pay for. Therefore, if the compensation that you expect is small, it would be wiser on your part to get to know these legal expenses and take your decisions accordingly.

In addition, in some states, if your no win no fee lawyer loses your case, you might have to pay a certain amount to the opposing lawyer. Therefore, it is advisable that you read the laws of your state thoroughly. If such a clause mentioned above, then enquire about the fees that you would have to pay to the other lawyer in case of your loss.

Success Fee

While no win no fee attorneys do not charge their fees when they lose the case, if they win, they charge an additional amount called a success fee. Laws of some states stipulate that the amount of the success fee cannot be greater than the original fee of the lawyer. For example, if the original fee of your lawyer is $1000, then his success fee cannot exceed this amount.

Share Everything With Your Attorney

Now, because no win no fee cases pose an obvious risk to the lawyers, lawyers deliberate a lot before agreeing to fight a case on such terms. They generally like to ascertain that there are high chances of winning the case before agreeing to fight it. On this probability, they also tend to decide the amount of their success fee.

In this regard, it is important to inform your lawyer about every little detail pertaining to your case, even if you think that it would not influence the outcome. This is because, if your lawyer loses the case, he might impute the loss to your failure to provide all necessary information. This might lead to further complications. Therefore, it is very important not to withhold any details from your attorney.

As it is evident, no win no fee cases demand considerable calculations and analysis - do your homework and try to determine whether it might be more prudent to hire just standard personal injury specialists or no win no fee personal injury attorneys.  And, as always, it is highly recommended that you interview more than one attorney prior to making your decision.


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