No win no fee compensation claims

Will I be taxed on my compensation if I win a no win no fee case?

You won't pay any tax on your personal injury compensation - no matter the circumstances of your case. Your personal injury payout is completely tax-exempt, regardless of whether you settle in or out of court and how you receive your payment. You also won't be taxed on the interest you earn on your compensation between opening and settling your claim.

If you choose to invest your compensation after your claim has been completed, you might be required to pay tax on the interest you earn. Take a look at our page on compensation and tax for more information

What happens when I make a claim?

First, you won't be alone. Over the years, we've lent a helping hand to more than two million people who've been hurt in accidents which were not their fault.

Contact us first for independent, friendly and free advice. We'll let you know whether you may be eligible to make a no win no fee compensation claim. If you are and decide to pursue it, we'll pair you with our specialist no win no fee lawyers. We're usually able to do this on the same call if you choose.

Your lawyers will check the details of your claim and let you know immediately if they can handle it. They'll also talk you through the funding options. These will include the no win no fee terms and how much you'll pay from your compensation if the claim succeeds.

Once they've begun your claim, they'll gather all the evidence so they can build the strongest case for you. This will include an independent medical assessment.

When they've got all the evidence, they'll submit your claim to the other side (the defendant). This is the person or organisation that you believe is to blame for your injury. If they accept liability, your solicitors will negotiate and then agree on the compensation payment with the other side's insurers.

If  the other side denies liability or cannot agree on a compensation figure, your solicitors will then issue court proceedings. They will keep negotiating; out-of-court settlements are reached in the vast majority of claims. 

Don't worry if your claim does go to a hearing in front of a judge. Your solicitors will take care of everything for you.

What are the pros and cons of no win no fee claims?

There are plenty of benefits to claiming no win no fee compensation. The most important is that if you win, you'll receive a settlement that can help with your recovery. On top of that, it'll hopefully reduce the chance of the same thing happening to someone else.

• And claiming on a no win no fee basis means there's no catch for you. These types of claims were brought in to help people like you get the compensation you deserve without excessive costs.

How is compensation defined?

Your compensation will be calculated to cover:

• Your pain, suffering and loss of amenity (that's the impact on your ability to do things). This is known as general damages.
• Any financial losses you may have experienced as a direct result of your injury. It includes things like lost earnings, paid-for treatment, care or travel expenses. This is known as special damages.

How do I know if I'll win my no win no fee claim?

Your solicitors can never guarantee that your case will be successful. However, they'll only seek no win no fee compensation if they think you have a good chance of winning. You can be confident of getting a positive result if they agree to handle your case.

How much could I get from my no win no fee claim?

Until your solicitors have started negotiating on your behalf, they won't be able to give you an exact figure of the compensation you could be entitled to. Our no win no fee compensation calculator can give you an estimate of the amount you could receive.

You can also find estimated payouts for all types of personal injury claims in the latest edition of the Judicial College Guidelines. Below we've included some examples.

How long might my claim take?

That depends on the circumstances of your claim, the severity of your injury and whether or not the other side admits, disputes or denies liability. Your solicitors will be able to give you a time estimate based on all those factors. A useful yardstick is the more complex the case, the longer it will take to settle. For instance, a complicated claim for medical negligence could take a couple of years or more to conclude.

If your legal team wins, you'll pay them an agreed amount from your compensation. If the claim fails, you pay nothing to anyone.

Find out more about how long a personal injury claim can take.

What are the time limits for making a no win no fee claim?

Usually, adults have three years from the date of the injury to make a personal injury compensation claim. But there are some exceptions, which are: 

• For claims involving things like occupational illness or medical negligence, the three-year limit applies from the date when the symptoms were first noticed. 
• For children aged under 18 when the accident happened, you can make a claim for them at any time until their 18th birthday. The time limit for them to claim for themselves then expires when they turn 21.
• There are no time limits for claiming if the injury victim lacks the mental capacity to do it themselves. This could be as a direct result of the injury they've suffered or a pre-existing medical condition. However, if the Claimant regains mental capacity after the accident, even if only temporarily, then the three-year limit starts from then.

Are there other ways to fund my claim?

The overwhelming majority of accident compensation claims are funded using a no win no fee agreement. There are variations, however, such as:  

• Your Trades Union: Some membership packages include legal protection insurance. Talk to your union rep if you're a member - they'll be able to check for you. If you have cover, your solicitors will then check that the policy offers the right protection for a no win no fee compensation claim (not all do). If it does, your solicitors will use it instead. And if your claim is successful, there won't be a premium to pay at the end - so you'll keep more of your compensation. For more information, visit the TUC web page. 
• Legal Aid: If the claim is for a serious neurological birth injury suffered by an infant during pregnancy or within eight weeks of birth, Legal Aid may cover legal fees and costs.
• Your own legal protection insurance: These policies often come bundled with home and/or motor insurance - or as a benefit with a credit card. It's worth checking whether you or a member of your household has such a policy. If you do have one, tell your solicitors and give them the insurer's name and policy number.

Can I get sacked by my employer for making a claim against them?

The simple answer is no. The UK sees millions of workplace-related illnesses and injuries every year. If you've suffered a work-related illness or injury that wasn't your fault, making a no win no fee claim against your employer can seem like a frightening prospect. But this isn't something to be scared of: there are laws in place to protect you.

Our recent survey suggests that 43% of injured workers hesitated to claim due to concerns about the impact on their career or workplace relationships - but you're absolutely within your rights to make a claim against your employer. And regardless of whether you win or lose, they cannot sack you for taking them to court. It's also illegal for your employer to discriminate against you in the workplace during or after your claim. If they do, you can make another claim against them for unfair treatment/dismissal.

Why make a no win no fee claim with National Accident Helpline?

We know it can sometimes be hard to know who to talk to about your compensation claim. You may worry about getting a sympathetic hearing or feel anxious that contacting somebody will mean you're rushed into starting a claim.

When you contact us, you do so in your own way, in your own time. Whether that's by calling, requesting a call back or chatting to us online, we'll never pressure you into starting a claim. And we'll never share your data without your permission.

We're simply here to listen to you and offer free and impartial advice. We have more thanyears_since years' experience lending a helping hand to people hurt in accidents that weren't their fault.

Starting your no win no fee claim with us also means:

• Free, impartial and jargon-free advice before you decide to claim.
• No stress over picking the right no win no fee accident solicitors - we do that for you. We hold all of our solicitors to high standards of service.
• No upfront or unexpected costs and nothing to pay if your claim is unsuccessful.
• No risk of paying the other side's costs.

If you're undecided or are simply looking for some advice, contact us. We can talk through your situation and any concerns you might have in a free, friendly and confidential environment. Call us on to speak to one of our specialist personal injury advisors today.

Can I change solicitors during a claim if I'm unhappy with the service?

If you have reasonable grounds for doing so, then yes you can. Our advice would always be to raise any concerns you may have with your solicitors first. If you can't resolve things to your satisfaction, seek a second opinion from another law firm.

We carefully monitor the service standards of all the solicitors we work with to help ensure this doesn't happen.

Can you take over my claim from my current solicitors?

Yes. If you've started a no win no fee claim with a different firm and are unhappy with the service you've received, it's possible that we can take on your case. We'd always recommend speaking to your current solicitors about the situation first, while we're on hand to provide impartial advice if you feel like you need it.

There'll certainly be no pressure from us to encourage you to change your solicitors. But if you decide that's what you'd like to do, we'll speak to your previous firm to make sure everything is handled in the right way.

Will my claim go to court?

It's unlikely because the majority of no win no fee claims are settled out of court. But rest assured that if yours does need to be heard before a judge, your solicitors will handle everything so you don't need to worry.

Are there exceptions to making a no win no fee claim?

There are rare cases where our solicitors will be unable to handle a claim on a no win no fee basis.

If that's the case, your legal team will make this clear before you begin anything. You can then make an informed decision about whether you want to continue.

Don't worry about any upfront costs in such cases. We'll make you aware of any fees you could be liable for before you commit to beginning your claim.