"No win, no fee" is the everyday name for a Conditional Fee Agreement (CFA). You pay nothing up front and nothing if your claim fails, provided you keep to the agreement and After-the-Event insurance covers the other side's costs. If you win, a success fee — capped by law at 25% of certain damages — plus any insurance premium is deducted from your compensation. For the full detail, see our complete no-win-no-fee guide.
If you have been injured in an accident that wasn't your fault, worrying about legal bills can put you off claiming altogether. That is exactly the gap "no win, no fee" was designed to fill. It lets people pursue a genuine claim without finding money up front and without the fear of a large bill if things don't work out. This page gives you the essentials; our fuller no-win-no-fee explained guide works through every figure and clause in detail.
As with everything on this site, what follows is information, not legal advice. We are an independent educational resource, not a law firm, so the figures and protections below are general — your own agreement governs your case. Before signing anything, read the terms carefully and ask a regulated solicitor to explain anything you are unsure about.
What "no win, no fee" means (CFA basics)
A Conditional Fee Agreement is a contract between you and your solicitor. The "conditional" part is simple: your solicitor's fee is conditional on the claim succeeding. If you lose, you do not pay your solicitor's charges. If you win, those charges — plus a success fee — are paid, with most of the bill recovered from the losing side and the success fee coming out of your compensation.
Two things make the arrangement work in practice. First, your solicitor only takes on cases they believe have reasonable prospects, because they share the risk. Second, an After-the-Event (ATE) insurance policy is usually arranged to cover the opponent's legal costs and your disbursements (such as court and medical-report fees) if the claim fails. Together these mean a properly run no-win-no-fee claim should leave you with nothing to pay if you lose, as long as you keep to your side of the agreement. Always get the terms in writing.
What it costs if you win vs lose
The headline is straightforward: lose and you pay nothing; win and a capped deduction comes out of your compensation. The table sets out who bears what in each outcome. By law, the success fee in most personal injury claims cannot exceed 25% of your general damages and damages for past losses — and it cannot be taken from money awarded for future losses such as ongoing care. The exact percentage, the ATE premium and which disbursements you might owe are all stated in your agreement.
| If you win | If you lose |
|---|---|
| The losing side pays the bulk of your solicitor's basic legal costs. | You pay nothing to your own solicitor for their time. |
| A success fee — up to 25% of general damages and past losses — is deducted from your compensation. | No success fee is payable, because there is no win. |
| Any After-the-Event insurance premium may be deducted from your award. | The After-the-Event policy is intended to cover the other side's costs and your disbursements. |
| You keep the remainder of your damages, including anything for future losses. | You should have nothing to pay — provided you kept to the agreement. |
Because the deduction reduces what reaches your pocket, it is worth asking up front what success fee a firm will charge (it can be less than the 25% maximum) and how the ATE premium is handled. Our compensation guide explains how an award is broken down into general and special damages, which is what the cap is measured against.
Other funding routes
A CFA is the most common way to fund a personal injury claim, but it is not the only one — and another route may suit you better, so it pays to check before you commit.
- Legal-expenses insurance (LEI). Many home and motor policies include "legal expenses" or "family legal protection" cover that can fund a claim. Dig out your policy documents and check before agreeing to anything else — if you are already covered, you may avoid a success fee altogether.
- Trade-union backing. If your accident was at work and you belong to a union, it may fund your claim through its own legal scheme, often without any deduction from your damages.
- Damages-Based Agreements (DBAs). An alternative "no win, no fee" model where the solicitor takes an agreed percentage of your damages if you win. They are less common in injury work but are an option some firms offer.
- Legal aid. Public funding is very limited for personal injury and is generally unavailable for ordinary accident claims, though narrow exceptions exist (for example, some clinical-negligence cases involving severe birth injuries).
Whichever route you take, you are free to choose your own solicitor and are not obliged to use one suggested by an insurer or a claims-management company. Our guide on choosing a solicitor sets out the questions to ask — including about funding and the success fee — before you sign.
Want the full detail?
This page is a summary. For worked examples of the 25% cap, how ATE premiums are calculated and a clause-by-clause look at a typical agreement, read our complete no-win-no-fee guide and our explainer on what a Conditional Fee Agreement (CFA) is.
Related guides
Funding is only one part of a claim. These guides cover the decisions that sit alongside it:
- No win, no fee explained in full — the detailed version of this page
- What is a Conditional Fee Agreement? — the contract behind "no win, no fee"
- Choosing a solicitor and how to choose a solicitor — questions to ask about fees
- How compensation is valued and how a payout affects your benefits
- How to make a claim, step by step
Frequently asked questions
Is no win no fee really free if I lose?
In practice, yes — provided you keep to the agreement. Under a Conditional Fee Agreement you pay nothing if your claim fails, and an After-the-Event insurance policy is normally taken out to cover the other side's legal costs and disbursements if you lose. The cover only holds if you are honest, cooperate with your solicitor and do not abandon the case without good reason. If you breach the agreement, you could become liable for costs, so always read the terms before you sign.
How much is the success fee?
You only pay a success fee if you win. In most personal injury claims the law caps it at 25% of certain damages — your general damages and damages for past financial losses — and it cannot be taken from compensation awarded for future losses such as ongoing care. Any After-the-Event insurance premium may also be deducted. The exact percentage, up to that cap, is set out in your written agreement, so check it before you sign.
Do I have to use a no win no fee agreement?
No. A Conditional Fee Agreement is the most common way to fund a personal injury claim, but it is not the only one. You might already have legal-expenses insurance through a home or motor policy, your trade union may fund the case, or a Damages-Based Agreement could be available. Legal aid is very limited for personal injury. It is worth checking what cover you already have before agreeing to anything, and you are always free to choose your own solicitor.
Get help from official, free sources
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
- The Law Society — Find a Solicitor — accredited PI specialists
- Citizens Advice — free, impartial guidance on your rights
- GOV.UK — courts, time limits and the Official Injury Claim portal