What does ‘no win no fee’ mean?

For a long time, access to legal advice was a preserve of those with enough money to pay a solicitor’s fee. Without the means to pay even for advice, many lost jobs, property and their means of income through medical malpractice. In the recent years, that has taken a brighter new direction.

The definition
It simply means that a claimant can have the services of a solicitor even without the means to pay them. It protects the person with the claim from suffering loss. If the case is won; the legal fees are paid by the other party’s insurance. So whether a case is won or lost, the complainant is not liable to pay fees.

Cases Covered.
The expanse of instances where this arrangement can be applied falls into three categories.
• Medical Malpractice
• Property Litigation
• Unfair Dismissal

Medical Malpractice.
Even though much trust is expected of doctors, at times, especially with all the new diseases and changes in treatment and surgery methods, medical negligence continues to be a plague. Areas highly affected are wrong drug prescriptions by pharmacists which are responsible for further complications, misdiagnosis, errors in surgery, dental mistakes and delayed diagnosis of cancer. At times, labour words have had to bear the blunt of still birth accusations.

Property Litigation
Property cases involve disputes in commercial property, perhaps tenant and owner disputes. Another problem consists of Housing which covers mortgage re-possession, illegal evictions, harassment and cases of homelessness. Since a homeless person obviously lacks the financial means but may have a strong case, there is no reason such should not approach a legal firm. Boundary disputes and commercial lease complains also fall in this category.

Unfair dismissal
In the working arenas, all manner of dismissals are experienced. It can be by mutual agreement, where one just needs a closure with the employer. In such a case a solicitor works to negotiate the fair package. If the dismissal is a result of discrimination or breach of contract by the employer, then the complainant can bring their case to the fore.

In all the above cases, the team of solicitors, usually experts in their field meet with the client to have a candid discussion in order to get the full details regarding the case. They then analyse the case and see what points follow through, and which ones can be used to favour the case, as well as try to gauge the probability of success.

2013 Changes
A few changes made in 2013 reasoned that should the client win, then the legal fees are taken out of the compensation, a sum not more than 25%. The company in charge finds out if legal expense insurance is available through their client’s banks, to cover the legal advice.

What winning a case means
When a case has been successfully won, the third party pays the court fees, the legal fees as well as disbursements in case of a medical negligence case. These disbursements are for any medical reports the complainant had to gather, not exactly damages but costs of the case.

At the legal centre of companies such as Express Solicitors, a team of experts seasoned to handle cases of this manner are always experienced to carefully hear out a client, issue the proper advice give advice on the step forward and fight to win the case.

 

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