No win no fee solicitors act for a claimant under a Conditional Fee Agreement (CFA): the solicitor takes on a serious injury claim without charging upfront legal fees, and the claimant’s liability for those fees depends on the outcome, on terms set out in the agreement. Emaari Legal funds serious and catastrophic injury claims this way across England and Wales.
For someone dealing with a life-changing injury, or grieving a death caused by someone else’s negligence, funding is rarely the first worry – but it becomes the practical one fast. This page explains how the funding works, what it costs, what happens if a claim does not succeed, and where the rules and time limits sit.
What does “no win no fee” mean?
A no win no fee agreement is a Conditional Fee Agreement (CFA), a contract regulated by the Solicitors Regulation Authority under which a solicitor’s fee depends on the result of the claim. The solicitor reviews the evidence, decides whether the claim has reasonable prospects, and only then agrees to act under the CFA. The agreement sits within the statutory framework for damages-based funding introduced by the Courts and Legal Services Act 1990.
CFAs are the standard funding route for personal injury claims in England and Wales, including serious road traffic injuries, workplace accidents, and fatal accident claims. Before signing, Emaari Legal explains the full terms, including any insurance the claimant may need to cover the other side’s costs if the claim does not succeed. Claimants who already have a solicitor acting for them, and simply want a second opinion on whether their claim or its funding is being handled correctly, can raise this during the same free consultation.
How does a no win no fee claim work?
A no win no fee claim moves through defined stages, from evidence gathering to settlement or, less commonly, trial. Serious injury claims follow the Civil Procedure Rules’ pre-action protocol for personal injury claims, which sets out how each side must behave before proceedings are issued.
The typical stages are:
- Free consultation – the solicitor assesses the accident, the injury, and who was at fault, and gives expert legal advice on whether the claim is worth pursuing.
- Evidence preservation – photographs, witness details, CCTV, accident book entries, and (for workplace accidents) any Health and Safety Executive investigation record.
- Medical evidence – GP and hospital records, and often an independent medical examination to establish diagnosis, treatment and prognosis.
- Letter of claim – sent to the defendant or their insurer, setting out liability and injury.
- Response period – the insurer investigates and responds, admitting or denying liability.
- Negotiation – the parties attempt to agree damages without court involvement.
- Issuing proceedings – if negotiation stalls, the claim is issued in the County Court, or the High Court for higher-value or more complex claims.
- Settlement or trial – most serious injury claims settle before trial, but the claim can proceed to a hearing if liability or value remains disputed.
Where the accident involved the police – a road traffic collision or an assault, for example – the police record often forms part of the early evidence. Where a driver was uninsured or untraced, the claim may instead proceed against the Motor Insurers’ Bureau (MIB) rather than a conventional insurer.
What is the time limit for a no win no fee claim?
Personal injury claims are subject to a strict time limit set by the Limitation Act 1980, and missing it can prevent a claim proceeding at all. The standard limit is 3 years from the date of the accident or the date the claimant first knew the injury was linked to it.
| Claimant or claim type | Time limit | Governing rule |
|---|---|---|
| Adult, standard personal injury | 3 years from accident or date of knowledge | Limitation Act 1980, s.11 |
| Child | 3 years from the 18th birthday (claim possible up to the 21st birthday) | Limitation Act 1980, s.28 |
| Claimant lacking mental capacity | Time suspended while incapacity continues, runs again if capacity returns | Limitation Act 1980, s.28(6) |
| Fatal accident claim | Generally 3 years from the date of death or knowledge | Fatal Accidents Act 1976 / Law Reform (Miscellaneous Provisions) Act 1934 |
| Criminal injury (CICA) | 2 years from the date of the incident | Criminal Injuries Compensation Authority scheme |
Because evidence quality degrades with time – witnesses move on, CCTV is overwritten, memories fade – starting a claim well before the limit expires strengthens it. This is one reason Emaari Legal offers a free consultation early, rather than waiting for the limit to approach.
How much does a no win no fee solicitor cost?
A no win no fee solicitor charges nothing upfront, and where a personal injury claim succeeds under a CFA, the law caps the success fee at 25% of the damages for pain, suffering and loss of amenity plus past financial losses – it excludes future losses entirely. This cap is set by statute, not by individual firms, so it applies across the market for first-instance personal injury proceedings.
The success fee is separate from the compensation itself, and separate from any disbursements (such as the cost of medical evidence) that the CFA terms address. Before any claim starts, Emaari Legal sets out exactly how the funding will work for that claim.
What happens if I lose my no win no fee claim?
Losing a no win no fee claim means the claim did not succeed, and the claimant’s liability for the solicitor’s own fees depends on the CFA terms agreed at the outset – the whole purpose of the agreement is to shift that financial risk away from the claimant. What “losing” looks like varies: a claim can fail on liability (the defendant is found not at fault), or it can settle for less than hoped.
Before any claim is issued, the solicitor assesses whether it has reasonable prospects of success, which reduces the likelihood of a weak claim proceeding at all. Legal expenses insurance, where it exists, can also cover the other side’s costs if the claim does not succeed – this is checked during the free consultation.
How much compensation can a serious injury claim be worth?
Serious injury compensation is assessed under two heads of damage: general damages and special damages, and cases of this kind can vary enormously depending on the injury, its severity, and its financial impact on the claimant. Neither figure is fixed in advance, and no solicitor can predict an outcome before assessing the individual claim.
- General damages compensate pain, suffering and loss of amenity, valued by reference to the Judicial College Guidelines, which set bands of value against injury type and severity.
- Special damages compensate financial losses caused by the injury: loss of earnings, care costs, rehabilitation, medical treatment, and home or vehicle adaptations.
Where a death has occurred, a fixed statutory bereavement award of £15,120 applies for deaths on or after 1 May 2020 (£12,980 for earlier deaths), in addition to any dependency or funeral cost claims brought under the Fatal Accidents Act 1976.
What types of serious injury claim can be funded this way?
Serious injury claims funded under a no win no fee agreement cover catastrophic and life-altering injury, not minor or soft-tissue injury. Emaari Legal’s scope includes brain and head injury, spinal cord injury and paralysis, amputation and limb loss, serious burns, sight loss, psychiatric injury including PTSD, complex fractures, chronic pain and CRPS, and serious road traffic injuries involving cars, motorcycles, cyclists and pedestrians – including claims against the MIB where the other driver was uninsured or untraced.
Workplace injury is a significant category within this scope, covering construction accidents, manual handling injury, machinery incidents, falls from height, and industrial disease caused by employer negligence, often alongside an HSE investigation into the accident. The dedicated page on accident at work claims sets out how those claims specifically proceed.
Criminal injury claims made through the CICA scheme, and fatal accident claims brought by bereaved families, are also funded and handled within this scope – both carry their own time limits and procedures distinct from a standard personal injury claim.
What funding options exist alongside no win no fee?
A Conditional Fee Agreement is the primary funding route Emaari Legal uses, but it is not the only option a claimant may already hold. Before-the-event (BTE) legal expenses insurance, commonly attached to motor or home insurance policies, sometimes covers legal costs and is checked as part of the free consultation – it is a possible route to explore, not a promise that cover exists for any individual claimant.
Whichever funding route applies, the terms are explained fully before anything is signed, so a claimant understands exactly what a successful outcome, and an unsuccessful one, means for them financially.
Are there rules and restrictions on no win no fee claims?
No win no fee claims operate within statutory and procedural rules, not informal arrangements. The Civil Procedure Rules’ pre-action protocol for personal injury requires specific steps – the letter of claim, evidence exchange, and response periods – before proceedings can be issued in the County Court or High Court. The Limitation Act 1980 sets the outer time limit, and missing it generally bars the claim regardless of merit.
Success fees are capped by law, so a solicitor cannot deduct more than the statutory maximum from qualifying damages. Solicitors offering CFAs are themselves regulated by the Solicitors Regulation Authority, which sets standards for how these agreements are explained and conducted – a claimant unhappy with how a claim was handled can also raise it with the Legal Ombudsman.
Where to go next
Emaari Legal offers a free consultation to assess whether a serious injury claim has reasonable prospects and how it could be funded. For claimants who are hospitalised or unable to travel, a solicitor can visit at home or in hospital within 24 hours where required – this matters most immediately after a serious accident or a bereavement, when travelling to an office is not realistic.
A claimant can start this process by phone or by submitting an online enquiry, whichever is more practical given their circumstances. To discuss a potential claim, funding, or the 24-hour visit, contact Emaari Legal directly.
The cases this funding covers are described on the serious injury claims page, and the steps a funded claim follows are in the personal injury claims process guide.
Frequently Asked Questions
How much do no win no fee solicitors charge?
Nothing upfront. Where a personal injury claim succeeds under a CFA, the success fee is capped by law at 25% of general damages plus past financial losses; it excludes future losses and is set out in the agreement before the claim starts.
Is it worth using a no win no fee solicitor?
A no win no fee agreement shifts the financial risk of pursuing a claim away from the claimant, since liability for the solicitor’s fees depends on the outcome under the CFA terms. For a serious injury claim, where medical evidence, valuation and negotiation are complex, this funding route lets a claimant pursue compensation without paying legal fees upfront.
What happens if I lose my no win no fee claim?
If a claim does not succeed, the claimant’s liability for the solicitor’s fees is governed by the CFA terms agreed at the outset, and the solicitor only takes on claims assessed as having reasonable prospects. Legal expenses insurance, where available, can also address the other side’s costs.
What are the downsides of no win no fee?
The main trade-off is the success fee deducted from damages if the claim succeeds, capped by law at 25% of the relevant damages. Not every claim qualifies for a CFA – a solicitor will only offer one where the claim has reasonable prospects of success following assessment.
What is the time limit for making a no win no fee personal injury claim?
The standard time limit is 3 years from the date of the accident or the date of knowledge, under the Limitation Act 1980. Different rules apply for children, claimants lacking mental capacity, fatal accident claims, and CICA claims, which carry a 2-year limit.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Book a free consultation to discuss no win no fee funding for a serious injury claim.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).