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The Conditional Fee Agreement will set out under what conditions the client will have to pay the personal injury claim solicitor's legal fees. In addition, it will set out when what are called 'success fees' will be payable. Success fees are levied when an outcome is reached which is deemed a 'successful outcome' under the terms of the CFA. This may be when a court case is won or it may be if a settlement is reached. When the successful outcome is reached, the personal injury claim solicitor will charge not only their normal legal fees but also the success fees on top of these. Success fees are normally calculated as a percentage of the personal injury claim solicitor's normal fees. The law caps the amount of success fees that can be charged to 100% of the solicitor's normal fees. As you can imagine, this can still add up to substantial legal fees. Normally, however, the client will not have to pay their own personal injury claim solicitor's fees. If a personal injury claim is successful in court, the judge will order that the unsuccessful defendant has to pay the winner's legal fees. This means that the successful plaintiff does not have to pay their personal injury claim lawyer a success fee. Before signing a CFA, discuss with your personal injury claim solicitor the different possible outcomes and what they would mean for you financially. Ask whether there are any outcomes that will mean you have to pay your solicitor's normal fees and success fees. They will usually advise you, or require you, to take out after-the-event insurance which covers such possibilities.
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