Conditional Fee Agreement Not Signed

Conditional Fee Agreement Not Signed

Conditional Fee Agreement Not Signed: What Does This Mean?

If you have been involved in a personal injury claim, you may have come across the term “conditional fee agreement” or CFA. This is a legal contract between you and your solicitor that sets out the terms and conditions of their representation. But what happens if you have not signed a CFA? Does this mean that you cannot pursue your claim?

What is a Conditional Fee Agreement?

A CFA, also known as a “no win, no fee” agreement, is a contract between you and your solicitor that sets out the terms of their representation. Under a CFA, your solicitor agrees to take on your case and cover the costs of the legal proceedings, such as court fees and expert witness fees. In return, you agree to pay your solicitor a percentage of any compensation you receive if your claim is successful.

What Happens if You Haven’t Signed a CFA?

If you have not signed a CFA, it does not necessarily mean that you cannot pursue your claim. However, it may make it more difficult to find a solicitor who is willing to represent you. Most solicitors will only take on a personal injury claim on a CFA basis, as this helps to mitigate the risk of losing the case and not getting paid.

If you have not signed a CFA, your solicitor may ask you to sign one before they start working on your case. Alternatively, they may ask you to pay them upfront for their services. This can be a significant financial burden, especially if you are not able to work due to your injury.

In some cases, your solicitor may agree to take on your case without a CFA, but this is rare. They will need to be confident that your claim will be successful and that they will be paid for their services. They may also ask you to sign a different type of contract, such as a “fee-paying agreement,” which sets out the terms of their representation but does not include a no win, no fee clause.

Can You Still Claim Compensation Without a CFA?

Yes, you can still claim compensation without a CFA. However, it is important to be aware of the potential costs involved. If you cannot find a solicitor who is willing to represent you on a CFA basis, you may need to pay for their services upfront. This can be expensive, and there is no guarantee that you will win your case and receive compensation.

Alternatively, you may be able to make a claim through a trade union or legal expenses insurance policy. Some insurance policies include legal expenses cover, which can pay for the costs of pursuing a personal injury claim. However, you will need to check the terms and conditions of your policy carefully to ensure that you are eligible.

Conclusion

In conclusion, if you have not signed a CFA, it does not necessarily mean that you cannot pursue your personal injury claim. However, it may make it more difficult to find a solicitor who is willing to represent you. If you cannot find a solicitor who will work on a CFA basis, you may need to pay for their services upfront, which can be expensive. Alternatively, you may be able to make a claim through a trade union or legal expenses insurance policy. It is important to seek legal advice as soon as possible if you have been injured in an accident that was not your fault.