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How does the No-Win No-Fee Process Work?

Posted in Lawyers

When you hire a no win no fee law firm, seasoned lawyers will first sit with you and go with the case superficially to understand its merits and chances of success. This consultation is usually obligation free and if you decide to proceed further your lawyers will then go through finer details of the case. The law firm will then send Notice of Claim to the insurance agent of defendant or the person / business / institute against whom are claiming compensation. On receiving this notice, the insurer may offer out-of-court settlement at the very beginning or decide on further investigation.

Investigation Begins

If you opt for out-of-court settlement, you will no longer have any claims to compensation. Once you reject this offer, the insurer will start his own investigation in order to build a watertight case for his client (the defendant). Your lawyer too will start gathering evidence from all related areas such as your workplace, hospital, medical records, financial records, claims history and so on. The law firm may also arrange for you to attend further medical examinations if it is thought necessary for the benefit of your case.

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Settlement Negotiations

Before starting settlement negotiations with the defendant, your lawyer will discuss with you the quantum of compensation you are entitled to; based on the merits of your case. Lawyers arrive at this amount after going through all information they collect during the investigation phase. You will be advised on accepting the settlement amount offered by the insurance agent of the defendant if your lawyers feel that you cannot hope to get a better package. Denying this offer will then drag the case to the court which will mean more expense and hassles for both the parties. However, your lawyer will always encourage you to go to the courts if they feel you have a good chance of getting much better compensation than offered by the insurance agency.