No win no fee Derby

 

No win no fee Derby

McIntosh Fleming Lawyers, specialise in no win, no fee accident claims, and we guarantee that you keep all of your compensation without any deduction for our charges. Get in touch with Derby Lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Conditional fees explained

Pursuing a claim for compensation for accident injury need not be expensive or risky.

Conditional fee agreements provide a convenient and affordable method of funding a personal injury claim. They almost always are in conjunction with a policy of insurance taken out to protect you against your liability to pay your opponent’s costs in the event of losing your claim or of losing on a particular issue in dispute within the claim.

Under our conditional fee agreement, Mc Intosh Fleming Solicitors will not charge you anything for its professional services if you do not win your case.

This is why this funding arrangement is often referred to as the ‘no win, no fee’ scheme. It is our practice to insist that before proceedings are commenced our clients take out a policy of after the event legal costs insurance to protect them from their opponents legal costs. This arrangement should afford you considerable peace of mind and protection against the risks of litigation.

In return for taking on the business risk of acting for you under a conditional fee agreement Mc Intosh Fleming Solicitors charge a supplementary fee, but this is payable only if you win your case. This is why this additional fee is also called the ‘success fee’. Usually and unless expressly stated in the agreement, the success fee is only paid by your opponent; not you.

The success fee is charged over and above our ‘basic costs’. It is set as a percentage of Mc Intosh Fleming Solicitors’s basic costs. Again the basic costs are usually paid by the opponent and not you.

So, to recapitulate:

If you win your case:

You will be entitled to claim from your opponent the following:

  • your damages; and
  • your solicitor’s basic costs, usually assessed on the ‘standard basis’ plus VAT; and
  • your disbursements (expenses such as medical consultancy and court fees); and
  • the success fee; and
  • your legal costs insurance premium.

In the event of a successful outcome, you will only be responsible for paying Mc Intosh Fleming Solicitors the following:

  • our basic costs plus VAT;
  • our success fee plus VAT;
  • any disbursements that we have incurred on your behalf.

However, the majority if not all of this expenditure will have been recovered from the losing opponent or his or her insurers.

If you lose the case:

Then you will only be responsible for paying the following:

  • any disbursements that are not covered by your legal costs insurance policy which Mc Intosh Fleming Solicitors has incurred on your behalf;
  • your opponent’s legal costs, but only if you are not insured against this possibility.

If your claim falls within the fixed fee or predictable costs schemes and it is successful, then your minimum responsibility for our fees will be the amount of costs payable by the losing party under those schemes.

What is covered by the Law Society’s approved conditional fee agreement

  • Your claim for damages for personal injury and loss, even if you are a defendant.
  • Any appeal by your opponent.
  • Any appeal you make against an interim order during the proceedings.
  • Any proceedings you take to enforce a judgment, order or agreement.

What is not covered by the conditional fee agreement

  • Any counterclaim against you.
  • Any appeal you make.

Our responsibilities to you

These will be clearly set out in the Agreement. We must always act in your best interests. At the outset of the claim we must advise you of the likely cost of the case, we must also keep you informed and explain to you the risks and benefits of taking legal action.

Your responsibilities to Mc Intosh Fleming Solicitors under a conditional fee agreement

These will also be set out clearly in the agreement. In summary, the Agreement requires you to give us your full instructions and co-operation in order to allow us to act effectively on your behalf. You must attend appointments arranged with any medical or other expert. You must pay for disbursements if you have chosen to fund these yourself.

Your responsibilities to your legal costs insurer [check terms]

The Policy of insurance with your insurer is a contract of utmost faith. The insurer will be entitled to avoid indemnifying you under the policy if you deliberately mislead us.

You are also obliged by the terms of the insurance policy to provide Mc Intosh Fleming Solicitors with your full co-operation as mentioned above.

Your legal costs insurer’s responsibilities to you

To indemnify you against your opponent’s costs and expenses (and your own disbursements in certain circumstances) in the event that you lose, subject to a financial limit of usually between £15,000 and £100,000.

Your insurers will be entitled to cancel the insurance policy if:

  • you breach your obligations under the insurance policy or the Conditional Fee Agreement;
  • we report that we no longer believe that your claim is likely to succeed;
  • the insurer believes that your claim will no longer succeed;
  • you reject our advice and refuse to settle.

Note: You have the right to cancel the Policy at any time but you should be aware of the cost consequences of doing so which are set out in the Agreement.

Our responsibilities to your legal costs insurer

We have a duty to report to your insurer on a regular basis.

 

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