How Much Will it Cost to Make a Claim?
If you have been injured in an accident that was caused by another person's actions or negligence, you may be entitled to compensation. Whether the incident happened on the road, at work or in a public place, making a personal injury claim allows you to seek support for the pain, disruption and financial losses you’ve experienced.
However, for most people, the claims process is unfamiliar, and one of the first questions they often ask is: "How much does it cost to claim for a personal injury?" You might be worried that you'll need to pay solicitor fees upfront. You may be concerned about hidden legal costs or unsure what happens if your claim is not successful. However, in most cases, there is no financial risk involved in making a claim and nothing to pay up front.
This guide explains why solicitors like JMW handle cases on a no win, no fee basis - a funding arrangement that allows you to pursue a claim without financial risk or upfront costs - and how this minimises personal injury claim fees for those who make a claim.
What Is a No Win, No Fee Agreement and How Does it Work?
If you've never brought a legal case before, it's natural to be unsure about how the costs might work, especially when it comes to solicitor fees and legal expenses.
In most personal injury cases, JMW provides legal support on a no win, no fee basis. This type of arrangement is formally known as a conditional fee agreement. It means you will not have to pay solicitor fees or legal costs upfront to start your claim. This structure is designed to shield you from financial risk and make it easier to focus on your recovery and future.
If you are unsure about anything, your solicitor will talk you through the options, including how the agreement works, what’s covered, and how the fees are paid if your claim succeeds. Everything is discussed in advance, so there are no hidden charges and no surprises later on.
What is a success fee?
A success fee is a fee your solicitor may charge if the claim succeeds. It reflects the risk of taking the case on a no win, no fee basis.
The success fee is:
- Agreed in advance.
- Only payable if the claim succeeds.
- Usually deducted from your compensation.
What other costs might apply?
A personal injury case may involve additional costs, depending on the nature of your accident and the evidence required to build a compelling case. These are often called disbursements. They may include:
- Medical report fees
- Court fees, if proceedings are needed
- Expert evidence fees in more complex cases
Your solicitor will handle these costs while your claim is ongoing, so you won’t need to worry about being out of pocket during the process.
What Happens if My Claim Is Not Successful?
Under a no win, no fee agreement, if your claim is not successful, you will not be required to pay your solicitor’s fees for the work carried out. This removes the financial risk involved in making a personal injury claim.
At JMW, our extensive experience in personal injury law means we can usually assess, during your initial consultation, whether there is a strong legal basis to pursue your case. This helps prevent unnecessary costs and gives you clear advice from the outset.
What about the other side’s costs?
You may be concerned about the risk of having to pay the other side’s costs, particularly if court proceedings become necessary. To protect you from this, your solicitor will arrange After the Event insurance, which covers legal costs if your claim does not succeed.
How Are Personal Injury Compensation Amounts Calculated?
Compensation is not a fixed amount. It is assessed individually, based on the specific circumstances of your case and the evidence available to support it.
A personal injury compensation claim is made up of two parts: general damages and special damages.
General damages
General damages cover the impact of the injury itself, not just the pain it has caused, but the effect it has on your physical and emotional wellbeing. This may include:
- Pain and discomfort
- Loss of amenity - meaning any loss of enjoyment or ability to carry out activities you used to do
- Psychological injuries linked to the injury
- The overall effect on your day-to-day life
When assessing general damages, solicitors refer to the Judicial College Guidelines. These are officially used across the legal profession to value personal injury claims. They include typical compensation ranges for a wide variety of injuries, from minor fractures to permanent brain injuries.
These ranges are based on previous court cases and reflect what judges have awarded in similar situations. That means they provide a reliable, consistent reference point that allows solicitors, insurers and judges to make sure that compensation is fair, proportionate and based on real outcomes.
Your solicitor will establish the full details of your injury to build a realistic picture of how much compensation you may be entitled to.
Special damages
Special damages relate to the financial losses and expenses you have experienced because of the injury. These will vary depending on your circumstances, but may include:
- Loss of earnings
- Reduced ability to work in future
- Medical expenses, including for treatment not covered by the NHS, and prescription medication costs
- Care and support needs
- Travel expenses for medical appointments
- Future losses, including long-term care or adaptations to your home
Special damages are calculated using clear evidence such as wage slips, invoices, receipts and reports from relevant experts.
If you would like an idea of the amount of compensation you could receive, use our Personal Injury Compensation Calculator.
How Long Have I Got to Make a Claim?
In England and Wales, you usually have three years to make a personal injury claim. This time limit starts from:
- the date of the accident; or
- the date you became aware the injury was linked to the accident (sometimes called the date of knowledge).
There are important exceptions:
- If a child is injured, the three-year limitation period usually runs from their 18th birthday. This means a claim can often be brought up until they turn 21. A responsible adult can also bring a claim earlier on the child’s behalf.
- If someone lacks mental capacity, the usual three-year limit may not apply in the same way. The time limit will only begin if the person regains their mental capacity.
While the fact that the time limit to bring a claim is three years can lead people to delay in starting the claims process, it’s always best to speak to a personal injury solicitor as early as possible. The sooner you get legal advice, the easier it is to gather strong evidence, speak to witnesses and build a clear picture of what happened. Waiting too long can make it more difficult to progress a case, even if you’re still within the time limit.
What Does the Personal Injury Claims Process Look Like?
If you are worried about legal fees, it can help to understand the steps involved in a typical personal injury compensation claim. This gives you a clear picture of when costs may arise and how they are managed.
1. Free initial consultation
Your first step is to speak to a solicitor in a free, no obligation consultation. They will ask what happened, what injuries you’ve sustained, how your life has been affected and whether you’ve experienced any financial losses. You’ll also be able to ask any questions you have about how the claims process works.
2. Funding and paperwork
Once you are happy to proceed, your solicitor will provide the paperwork, including the no win, no fee agreement and any relevant insurance documents. Everything will be explained clearly so you can make an informed decision before agreeing to move forward with us.
3. Evidence gathering
Your solicitor will begin building your case. This will involve collating any evidence you have collected, and sourcing things like medical records, witness statements and expert reports, alongside gathering proof of your financial losses and expenses. If you are claiming under a no win, no fee agreement, there will be no costs incurred at this stage.
4. Submitting the claim
Once the evidence is in place, your solicitor will contact the other side to set out what happened, explain why they are responsible and outline the injury and compensation being sought.
5. Negotiations
Most personal injury claims settle through negotiation. Your solicitor will aim to secure compensation that reflects the impact of the injury, any ongoing recovery or care needs and losses such as missed earnings or future expenses.
6. Court proceedings (if needed)
While court is sometimes necessary, many claims settle before a final hearing. Even if a court case is set, the team at JMW will use this to continue to push for a settlement before the date is reached. Should your case need to go to court, your solicitor will represent you throughout the process. Any pre-arranged success fee will remain the same even if your case results in court proceedings.
Throughout your claim, JMW will keep you informed, explain each step clearly and ensure costs remain transparent at every stage.
Does JMW Cover Claims for my Injury?
Accidents can happen anywhere. JMW’s specialist personal injury solicitors handle a wide range of cases, including the following:
If you are unsure whether your injury is covered, speak to our team. We will listen to what happened and explain your options clearly.
Talk to Us
JMW’s personal injury solicitors are specialists in no win, no fee claims. We handle cases involving a wide range of accidents and have been recognised in Chambers and Partners and The Legal 500 for our expertise.
