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.
42 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.