Why Cost Should Never Be a Barrier to Justice
One of the biggest reasons injured people hesitate to pursue a claim is the fear of legal costs. Personal injury litigation can involve court fees, medical expert reports, and months or years of preparation, and for someone already dealing with medical bills and lost income, the idea of paying for an attorney upfront can feel out of reach. The no win, no fee model exists precisely to remove that barrier.
How It Works
Under a no win, no fee arrangement, also known as a contingency fee agreement, your attorney takes on the financial risk of your case. If the claim is unsuccessful, you generally do not pay legal fees for the work done on your matter. If the claim succeeds, the attorney’s fee is paid from the proceeds of the settlement or court award, in line with the agreed percentage set out in your contingency fee agreement.
What Contingency Fee Agreements Cover in South Africa
South Africa’s Contingency Fees Act regulates these agreements, including capping the additional fee an attorney can charge on a successful claim. This regulation exists to protect claimants, ensuring the arrangement remains fair even though it shifts financial risk onto the attorney rather than the client.
Why This Model Suits Personal Injury Claims
Claims such as RAF matters, medical negligence, and claims against municipalities or the police often take time to resolve and require significant preparation, including medical assessments and expert reports. A no win, no fee structure means clients are not required to fund this process out of pocket while already dealing with the practical impact of an injury.
What to Ask Before Signing
Before signing a contingency fee agreement, it is reasonable to ask what percentage will be charged on a successful outcome, whether any disbursements such as medical report fees are handled differently, and how regularly you will be updated on the progress of your matter. A transparent attorney will walk you through these terms clearly before you commit.
Our Approach at Lowe & Petersen Attorneys
With over 33 years of practice built on straightforward guidance, Lowe & Petersen Attorneys offers no win, no fee representation across RAF, medical negligence, PRASA, slip and trip, police assault, and municipal claims, so that every client can pursue a legitimate claim regardless of their financial circumstances at the time.