Why BTE is better than no-win-no-fee

Everyone is familiar with the phrase no-win-no-fee in personal injury cases but many have only a hazy concept of what it means. Here our Roadside Lawyer explains how no-win-no-fee works, its many pitfalls and why BTE (Before the Event Insurance) is a better way of funding your claim.

People can be concerned about ‘no-win no-fee’ agreements because as we all know, nothing is ever ‘free’ and especially not from lawyers. Do you end up paying a fee if you win for instance? Will your lawyer want some of your compensation in return? What happens if you lose?

Many so-called claims managers will indeed want a part of your compensation if you win, but most law firms will charge you nothing if your claim is wholly successful as their fees should be paid by your opponent.

But what happens if you lose?

Losing means the costs of your opponent must be paid. To cover this possibility many solicitors will oblige you to buy an After the Event (AtE) insurance policy which can be expensive and often you might need to take out a loan to pay for it. The cost of this will normally be refunded to you if the claim is successful and payment of many policies is deferred to the end of the claim.

No-win-no-fee is rarely available unless an injury is involved. If you have not taken other measures (such as joining Lawcover) you will need to pay your own costs if your case is "damage only."

Before the Event (BtE) legal expenses insurance such as the product included with Lawcover membership means you can be confident that your legal costs are covered from the outset without taking out any additional policy.

Furthermore BtE insurance means that because your own solicitor's costs are covered they will be much more likely to provide advice and assistance in more marginal cases.

And of course legal advice is also available for damage-only cases which are far more numerous than those involving personal injury.

Your BtE insurance with Lawcover means you will never need to risk the unforeseen and hidden costs often associated with no-win-no-fee.

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