Personal Injury
Personal Injury Solicitor Cost: No Win No Fee, 25% Cap 2026
Most personal injury claims use no-win-no-fee (CFA) funding. No upfront cost. If you win, up to 25% of your compensation goes to the solicitor. This guide shows you the real numbers.
How No Win No Fee (CFA) Works: Step by Step
1
Free initial assessment
The solicitor assesses whether your claim has a greater than 50% chance of success before taking it on.
2
CFA agreement signed
You sign a Conditional Fee Agreement. No upfront cost. You agree that if you win, the solicitor can claim a success fee of up to 25% of your damages.
3
ATE insurance arranged
After the Event insurance is typically arranged to cover the other side's costs if your claim fails. The premium is only paid if you win (deducted from compensation).
4
Claim pursued
Your solicitor investigates, gathers evidence, obtains medical reports, and negotiates with the defendant or their insurer.
5
If you win
You receive compensation. The solicitor deducts their success fee (up to 25% of general damages and past losses). ATE premium may also be deducted. You keep the rest.
6
If you lose
You pay nothing. The solicitor receives nothing. ATE insurance covers the defendant's costs (if properly arranged).
Worked Examples: What You Actually Take Home
| Scenario | Gross Award | 25% Success Fee | ATE Premium | Take-Home |
|---|---|---|---|---|
| Minor whiplash (road accident) | £3,000 | £750 | £300 | ~£1,950 |
| Moderate injury (broken leg) | £10,000 | £2,500 | £500 | ~£7,000 |
| Serious injury (lasting disability) | £50,000 | £12,500 | £1,500 | ~£36,000 |
| Catastrophic injury (spinal) | £500,000+ | £125,000 cap* | £5,000+ | ~£370,000+ |
*The 25% cap applies to general damages and past losses only, not future losses. Very large awards may have a lower effective percentage. Figures are illustrative.
What the 25% Cap Actually Covers
The 25% cap introduced under LASPO 2012 applies to the success fee charged on:
IN the cap: General damages
Compensation for pain, suffering, and loss of amenity. Also past financial losses such as lost wages and medical expenses to date.
OUTSIDE the cap: Future losses
Future loss of earnings, future care costs, and future medical treatment. The success fee is not charged on these amounts, meaning you keep more of large awards.
Types of Claim That Qualify for No Win No Fee
| Claim Type | No Win No Fee? | Typical Timeline |
|---|---|---|
| Road traffic accidents | Yes -- very common | 6-18 months |
| Workplace accidents | Yes -- common | 12-24 months |
| Slips and trips (public liability) | Yes -- common | 12-24 months |
| Medical negligence | Yes -- but higher success fees | 2-4 years |
| Product liability | Yes -- if clear case | 12-30 months |
| Industrial disease (asbestos, noise) | Yes -- specialist firms | 12-36 months |
Personal Injury FAQs
Do I pay anything if I lose a no win no fee claim?
Under a properly structured CFA with After the Event (ATE) insurance, you pay nothing if you lose. The solicitor's success fee is only payable if you win. The ATE insurance covers the other side's legal costs if you lose. However, if you do not have ATE insurance and you lose, you may be liable for the defendant's costs. Always confirm whether ATE insurance is included before proceeding.
Can I choose my own solicitor after an accident?
Yes. You are not required to use the solicitor that an insurer, claims management company, or employer recommends. You have the right to choose your own solicitor. Be wary of being referred by an insurer to their panel solicitor -- these arrangements often benefit the insurer more than you. A solicitor you choose independently is more likely to act in your best interests.
How long does a personal injury claim take?
Simple road traffic accident claims through the Official Injury Claim portal typically settle in 6-12 months if liability is admitted. More complex claims with disputed liability or severe injuries take 18 months to 3 years. Medical negligence claims are typically the longest, often 2-4 years, due to the need for expert evidence.
What if the other side's insurer offers a settlement?
Never accept an insurance company's settlement offer without legal advice, especially if you have ongoing symptoms. Early offers are frequently undervalued. Your solicitor will advise whether the offer is fair based on the Judicial College Guidelines for injury compensation, your medical evidence, and your actual financial losses. If you accept a settlement, you generally cannot claim more later even if your condition worsens.