No Win No Fee Cases

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Posted and filed under Current Claims Possible to Win Back Funds, No Win No Fee.

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No Win No Fee – What does this mean?

Years ago Spain did not really allow No Win No Fee cases and there are still not that many lawyers doing this. However, now that it is possible, you are able to find these types of arrangements in Spain. Which is good, as it is very difficult to obtain legal aid lawyers without justification of reduced circumstances. Also legal aid lawyers do not usually speak English.

Even a small case can cost a lot of money in the Courts in Spain as a barrister and clerk of courts are needed. Thus, many people are turning to these types of agreements with a lawyer. They are also known as contingency agreements. Because the fee paid will be contingent on the amount won back.

To be considered as a No Win No Fee case, of course, generally, a claim has to be for a large sum of money so that the client can have their percentage and the lawyer/investor their share. Thus it does depend on the case whether it is viable. If the case is only worth a few thousand euros, it would cost as much or more to go to Court and would not be possible as a No Win No Fee case.

The percentage asked as the fee dependent on winning can be set by the lawyer, and accepted by a client. Usually a written agreement would be made. Sometimes a client may need to pay a minor amount in advance such as for an expert doctor report. But this is not true of every case, generally only personal accident and medical negligence cases. Court costs; if the case is lost, should be covered by the lawyer/investor, never the client.

Types of No Win No Fee cases

We may be able to help you with a personal accident, personal injury case, medical negligence, or litigation. We have been 100% successful in claims against Banks for mortgage claims for the abusive floor and expenses clauses. In addition, we have been very successful in cases against Banks that have not provided guarantees to clients who were purchasing properties off-plan such as on the Fortuna Golf development.

Following a Supreme Court Judgement, the Banks are jointly liable for the deposits lost by the clients. There are time limitations with all of these types of cases and it is important to send us a short summary first, for us to consider if we can help. If, for example, your case is too far away, maybe we might know another law firm that we can work with.

Personal Accident and Medical Negligence Cases

Please note that some tme limtitations are extremely short such as with medical negligence. Civil liability for the public health system expires in 1 year. If it is against a private doctor/dentist or a private health insurance, then the limit period is 5 years from when the negligence took place. Time is of the essence in approaching us to check your case. And it costs nothing.

We will need to see documents and to consider the time limitation for your case when you write to us. Please contact us to discuss any No Win No Fee case you may have.

23 Comments

  • Bruce Gibson

    I had an accident on my electric bike on Friday 16th Oct at 8am. I hit a pot hole and a newly sunken tarmac patch, a result of excavations by the mains sewage company 2 years ago. I was going down hill at about 20 kms in Calle Alcalali , Benitachell and sustained heavy bruising, cuts and grazing to face and thigh. I have nearly recovered, apart from my quadriceps that hurt and bruised ribs but is improving. My partner was on his electric bike behind me when the accident occurred and returned to the villa to get the car and take my bike back. As opposed to going to a clinic or hospital,as there were no broken bones, my partner, Nasir, took photos and went to the farmacia to get appropriate products including antiseptic spray, cream and plasters etc.
    There was an independent dog walker and a car that stopped when I was alone, but I will have to find them for any statement.
    I have pics of myself and farmacia bills.
    Bike has been damaged and my clothes got ripped in the fall including top, gloves and shoe.

    The road is badly maintained by Benitachell town hall. The road leads into Teulada and Moraira district further along, which is also badly maintained.

    if you operate on a no win no fee basis and you see that my case is worthy of your time then please advise.

    I live in the UK so I am a non resident, but do own a second home in Benitachell and visit the property for holidays.

    • Amanda Thomas

      Dear Bruce, I am sorry to hear this. Compensation for these injuries in Spain would unfortunately be very low, and we would not provide a no win no fee case as it would probably cost about the same in clerk of courts fees and barrister fees. It would be best just to claim for the damage on the bike from your insurance. Anyone reading this, it is important for any accident cases to go to a clinic or hospital as those reports are needed. We hope all gets sorted soon. With kind regards.

  • M Telford

    I am looking for a no win no fee solicitor in gran canaria

    • Amanda Thomas

      Dear Maria, I am sorry but you need to find a solicitor in Gran Canaria or the neighbouring islands who may be able to assist. It is too far for us to travel to Court. We wish you the best of luck, Kind regards

  • Bryan Bailey

    My wife had a benign brain tumor removed in January and at first on being discharged a week later she was making a slow recovery and was walking with the aid of a walking frame my help, but then suddenly over night she lost the use of her legs completely and can not stand or support her our weight. She is now in Torrevieja hospital, but no one seems to have any answers.
    Whilst I am not putting the blame on anyone at the moment I am wondering if something has gone wrong somewhere and we are not being given the full answers.
    Is this something you would be able to help with on a no win no fee.
    I know I may be clutching at straws here but don’t really know where to turn next.

    • Amanda Thomas

      Dear Bryan, I am so sorry to hear this. To sue for negligence we would have to have proof and cases against hospitals are very difficult to prove, especially public ones. I am sure everything is going through your head, but you can only continue to liase with them regarding results of tests and their explorations. We do wish her a speedy recovery. With kind regards Amanda

  • Terence Steele

    Last October 2020 I had a cataract operation on my left eye at Heurcal overa hospital they gave me two laser treatments and I have had terrible pain since they discharged me so I went private to have the right eye operated on the specialist has said that the first operation they had damaged my Optic nerves and the iris, and now I have a permanent enlarged Iris and lost over 50% off vision and permanent pain in my left eye what would be my situation now

    • Amanda Thomas

      Dear Terence, I have sent you an email. Kind regards

  • Malcolm John Hopwood

    We took out a Spanish mortgage in 2005 and paid notaria, registro and hacienda costs which we believe was wrong. Also we have continued to pay a high monthly interest rate compared to base rates.
    We also pay very high life insurance from the bank.
    Our original mortgage was with Caja Espana who were taken over by Unicaja. We are in Malaga.

    • Amanda Thomas

      Dear Malcolm, To see if eligible to claim anything against the banks, you would need to take all your deeds to a local lawyer in Malaga as any court case would be down there. Kind regards

  • Ian Bennett

    I have a ankle injury due to a pot hole next to the local council tip in calpe went to hospital ankle put in cast told tendon damage .cast of now still waiting for a appointment for psyio had to buy a disabled wheel chair as it none weight bearing and still in alot of pain after 5eeeks.Ps I am a resident in Spain.

    • Nicola Ryan

      Thank you for your enquiry Ian,

      We have passed your enquiry to our paralegal Amanda who will be in contact with your directly.

      Should you have any further queries, please do not hesitate to contact us.
      Kind regards
      Nicola

  • Maria

    Hello myself and 8year old son went to a local soft play trampoline and other activities with some friends for snacks and drinks whilst there my son and his friend played football. The football goal fell on to my son and broke his wrist in two places and he has had to have a operation . I asked for a accident book but was told they did not have one

    • Amanda Thomas

      Dear Maria, I will send you an email regarding this. With kind regards. Amanda

  • Elaine Malik

    Hello, we sold our property in December 2019, in Valencia Spain , and we knew we where due money back which the notary withheld offcourse for any money owing., We wanted to know how long does this money take to get back…the delay is possibly due to the covid pandemic..but we have not received any more correspondence

    • Amanda Thomas

      Dear Elaine, It will depend on different regions but I believe at the moment generally it is around two years, you just need to keep an eye on the account stated in the paperwork. The tax office seem to like sitting on the money. I do hope you get it soon, With kind regards, Amanda

  • Jackie Howard-Coles

    Hello I live in La Marina and have been going to the local clinic 3 times a week for the cure of an ulcer which I have had for over 2 years now. The ulcer is on the out side left ankle where I have a metal plate implant which I had done in April 1997. 2 years ago I had a fall where my left foot got caught under a corner suit., Something happened to the tendon, but the doctor does not take any notice of this. I was forced to go to a private doctor and had a scan done on my ankle and sure enough I have aquilles tendonitis. Also the private orthopedic surgeon said that my plate was contaminated. Neither my doctor in La Marina nor torrevieja
    Hospital are taking any notice of this. I asked if it was possible to have an eco graph because this can show what is going on with the tendon or any thing else, they won’t do it. I am in so much pain that I really can’t do anything at all I have had to purchase a wheelchair and I haven’t been out for months,I am only 59. The best medication that they can come up with is Nolotil which is banned in UK and other countries, I will not take them. Thank you for your time hope you can find a solution for my dilemma Jacalyn Howard-Coles.

    • Amanda Thomas

      Dear Jacalyn, We are so sorry to hear this and we do hope matters improve. I am sorry but we cannot help with this. You do have the right to change your doctor and also of course to complain. We do hope things get better for you. With kind regards.

  • Margaret Latimer

    Hi, I have had an accident whilst on holiday at the hotel I was staying in. It was in Costa Teguise Lanzarote. I slipped and fell on a wet patch on a marble floor. There was water leaking from a pot plant that had been watered. There were no warning signs. I landed very badly on my right side and was very shaken and upset. A young lady and man saw this and helped me back on my feet. I have the young woman’s contact details for a witness report. She went to the reception to report the accident. I have photos of the wet floor and my severe bruising. The hotel manager offered a taxi to the local hospital so I went as I was in pain. I had an x Ray which showed no breaks. Just a trauma injury to my upper right thigh/ rump area. I was prescribed pain killers. I have a medical report. I have major bruising and am in pain. It happened on my penultimate day an ruined the last 2 days of my holiday. Do you think this is a viable case for a no win no fee basis. Any advice welcome. Kind regards.

    • Amanda Thomas

      Dear Margaret, I am sorry to hear about your accident and I do hope you are now fully recovered. In Spain, compensation is very low for personal injury, not like some other countries so I am afraid this would not be a viable case. With kind regards

  • Stuart stevenson

    I had a accident last Monday 18/7/2022 where the gardener watered plants and walk way there was no caution signs and didn’t clean water up after finishing I ended up in hospital with 2 broken toes

    • Nicola Ryan

      Good Morning Stuart,

      Thank you for your enquiry.

      We will pass this on to our paralegal, who will contact you directly. Please note she is on holiday at the moment but will reply to you as soon as possible.

      Kind regards
      Nicola

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