What Happens If I Lose My Personal Injury Claim?

No win, no fee personal injury claim agreements

No win, no fee arrangements, also known as Conditional Fee Agreements (CFA), are agreements between a client and a solicitor regarding the fees for making a personal injury claim for compensation.

In simple terms, these agreements mean that if you make a claim and are unsuccessful, you will not be liable for any of your solicitors fees that have occurred during the process.

If you have experienced an accident that was not your fault or an act of negligence that has resulted in serious injury, then you may be entitled to make a claim for compensation.

Obtaining compensation following a serious injury can help you to adapt to your new way of life, helping to cover costs such as home adaptations and rehabilitation therapies, as well as covering any loss of income.

No win, no fee arrangements enable people to make a claim without experiencing the financial loss of their solicitors fees if they are unsuccessful, ultimately enabling access to justice for people from all walks of life.

If you would like to start your claim or discuss your potential case with an experienced personal injury solicitor, then please get in touch with Major Trauma Group today. We have access to a panel of knowledgeable solicitors from all across the country who are ready to help win your case.

What happens if you lose your personal injury claim?

The primary consequence of losing your case is that you will receive no compensation for the injuries you have suffered.

Many people worry about the legal cost consequences of losing a claim. However, if you have a no win, no fee arrangement with your solicitor, you won’t have to pay your solicitor’s legal fees if you lose.

It is worth noting that you may still be liable for other costs, such as court fees or expert witness fees unless these are recovered by an insurance policy known as After the Event (ATE) insurance.

If you believe that the decision against you was made in error, you may have the right to appeal. Appeals are typically only successful if there has been an error in the legal process, the judge made a significant mistake, or new evidence has come to light. The appeals process can also be very long and costly.

How does After the Event (ATE) insurance work?

ATE insurance is purchased after the accident that caused your injuries occurred and after you have initiated legal proceedings. The insurance typically covers the legal costs of the defendant (the person or organisation you are claiming against) if you lose the case and the court orders you to pay their costs.

In some circumstances, ATE insurance can also cover any disbursements related to your claim, such as court fees and expert witness fees. However, some ATE policies have exclusions or limits on what they cover, so it is essential to clarify what will be covered by your ATE insurance with your solicitor before commencing legal proceedings.

Policies do not usually cover your solicitor’s fees if you do not win your claim, but under a no win, no fee agreement, you wouldn’t be expected to cover their fees if you lose.

If an ATE policy has been taken out on your behalf, then your solicitor will advise you on the premium payable if you are successful in making your claim. If you lose your case, you usually do not have to pay the ATE insurance premium.

ATE insurance provides valuable protection for people who are thinking about filing a personal injury claim. It helps protect you from having to pay the other person’s legal fees if you lose the case. This means you can focus on your recovery and feeling better without worrying about financial stress.

Circumstances where you may be liable for costs

When pursuing a personal injury claim, there are certain circumstances where you may lose your case but still find yourself liable for costs due to invalidation of ATE insurance.

One scenario is if the court determines that you have acted with fundamental dishonesty. This can occur if you knowingly provide false information or exaggerate your injuries. In such instances, this is likely to make your ATE insurance void, leaving you responsible for any legal costs incurred by the opposing party.

Another situation where you might face liability for costs is if you fail to provide necessary instructions or documentation to your legal representatives. This lack of cooperation can impede your solicitor’s ability to effectively present your case, potentially leading to an unfavourable outcome.

Why choose Major Trauma Group?

If you have sustained an injury and are looking for expert legal advice on the personal injury claims process, then our panel of specialist solicitors can assist you. We will discuss how your claim can be funded from the outset and may be able to offer our services on a no win, no fee basis, meaning you do not need to worry about the costs that can come with making a claim.

If you have any queries surrounding the process of making a claim with Major Trauma Group or are looking for more information on what happens if you lose your personal injury claim, then please get in touch with us today for a free, no-obligation discussion.

Contact Major Trauma Group’s specialist work injury solicitors via:

telephone (0330 311 2578)

email (hello@majortraumagroup.co.uk),

 

Get advice from a serious injury solicitor about a compensation claim

Company Information

Major Trauma Group is a trading name of Major Trauma Network CIC, a not-for-profit company registered in England and Wales with registration number 9341474, whose registered office address is 12 Keats Way, Coulsdon, CR5 3FL

© Major Trauma Group 2025. All rights reserved.