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Road Traffic Accident

Whiplash claims UK — how much can I claim

Whiplash claims UK — how much can I claim

LEGAL GUIDE · ROAD TRAFFIC ACCIDENTS

April 7, 2026

Updated 2025 tariff figures, special damages, the 20% exceptional uplift, injuries outside the tariff and how to claim — everything explained in plain English.

Table of Contents

Direct Answer

For accidents on or after 31 May 2025, whiplash compensation in the UK is set by a fixed government tariff ranging from £275 for injuries lasting up to three months to £4,830 for injuries lasting up to 24 months (whiplash only). Where a minor psychological injury also occurs, the tariff rises to a maximum of £4,975. These are general damages only — special damages for financial losses such as lost earnings and treatment costs are claimed on top. Injuries lasting more than two years fall outside the tariff and attract higher, individually assessed awards.

Whiplash is the most common injury arising from road traffic accidents in the UK. If you were involved in a car accident that was not your fault and suffered a whiplash injury as a result, you may be entitled to compensation. Understanding how much you can claim — and how the current rules work — is the essential starting point for any claim.

The law governing whiplash compensation in England and Wales changed significantly in 2021, and was updated again in May 2025. This guide explains the current rules, the official tariff figures, what you can claim on top of the tariff, and how to get started with your claim through our road traffic accident claims team.

What Is a Whiplash Injury?

Under the Civil Liability Act 2018, a whiplash injury is legally defined as an injury of soft tissue in the neck, back or shoulder — specifically a sprain, strain, tear, rupture or lesser damage to a muscle, tendon or ligament, or an associated soft tissue injury. This definition governs which injuries are subject to the fixed tariff system.

Whiplash most commonly occurs in rear-end collisions, where the sudden forward and backward motion of the head causes the neck muscles and ligaments to overstretch. Symptoms typically include neck pain and stiffness, shoulder pain, headaches, dizziness, numbness or tingling in the arms, and — in more serious cases — referred pain, nerve damage and chronic pain syndrome.

Important: Not all neck, back or shoulder injuries from a road accident are whiplash. If your injury involves fractures, disc damage, spinal cord involvement, or nerve root damage, it may fall outside the whiplash definition entirely and attract higher compensation under the Judicial College Guidelines rather than the fixed tariff.

The 2025 Whiplash Tariff — How It Works

The whiplash tariff is a fixed scale of compensation for general damages (pain, suffering and loss of amenity) for road traffic accident related whiplash injuries lasting up to two years. It was introduced by the Whiplash Injury Regulations 2021 and applies to accidents occurring on or after 31 May 2021.

Following a statutory review, the Whiplash Injury (Amendment) Regulations 2025 came into force on 31 May 2025, increasing all tariff amounts by approximately 15% to reflect inflation since 2021. The updated amounts apply to all accidents occurring on or after 31 May 2025. Accidents between 31 May 2021 and 30 May 2025 are assessed under the original 2021 tariff. The next review of the tariff is due by May 2027.

How the tariff amount is determined

The tariff amount is determined by a single factor: the prognosis duration of your whiplash injury — that is, the period of time a medical expert believes the effects of the injury will last. The longer the prognosis, the higher the tariff amount. The prognosis must be set out in a supporting medical report from an accredited MedCo expert before any settlement can be reached.

The tariff operates on two tracks:

  • Whiplash only — the standard tariff for a physical whiplash injury without an accompanying psychological injury
  • Whiplash with minor psychological injury — a higher tariff where the claimant also suffered a minor psychological injury on the same occasion, such as travel anxiety, low-level shock or occasional sleep disturbance

2025 Whiplash Tariff — Official Figures

The following figures are taken directly from the Whiplash Injury (Amendment) Regulations 2025 and the official GOV.UK guidance published by the Ministry of Justice. These are the current tariff amounts for accidents occurring on or after 31 May 2025.

Duration of Injury (Prognosis) Whiplash Only Whiplash + Minor Psychological Injury
Not more than 3 months £275 £300
More than 3 months, up to 6 months £565 £595
More than 6 months, up to 9 months £965 £1,025
More than 9 months, up to 12 months £1,510 £1,595
More than 12 months, up to 15 months £2,335 £2,435
More than 15 months, up to 18 months £3,445 £3,550
More than 18 months, up to 24 months £4,830 £4,975

Source: Whiplash Injury (Amendment) Regulations 2025 / GOV.UK. These figures represent general damages only. Special damages are claimed in addition. For accidents between 31 May 2021 and 30 May 2025, the original 2021 tariff applies — see Table 1 on GOV.UK.

These are general damages only. The tariff covers compensation for pain, suffering and loss of amenity. Your total claim will be higher once special damages — financial losses such as lost earnings, physiotherapy costs, vehicle damage and travel expenses — are added on top.

 

The 20% Exceptional Uplift

The Civil Liability Act 2018 gives judges the discretion to award up to 20% above the relevant tariff figure in exceptional circumstances. This uplift applies where:

  • The degree of pain, suffering or loss of amenity caused by the injury is exceptional for that tariff band — meaning the claimant’s experience was significantly worse than typical for an injury of that duration
  • The claimant’s personal circumstances increased the pain, suffering or loss of amenity caused by the injury — for example, a pre-existing condition that was significantly aggravated, or a particular vulnerability that made the injury more debilitating

The meaning of “exceptional” is determined by the courts based on the facts of each case. It is not automatically applied — it must be specifically claimed and supported by medical evidence. A specialist road traffic accident solicitor will identify whether your circumstances justify an application for the uplift.

💡 Example


A professional musician suffers whiplash with a nine-month prognosis. The standard tariff for a nine to twelve month injury is £1,510. However, because the injury affects their ability to perform and has a disproportionate impact on their livelihood and daily life, a court may award the uplift — potentially adding up to £302 on top of the tariff figure.

Special Damages — What You Can Claim on Top of the Tariff

The tariff covers general damages only. On top of the tariff amount, you can claim special damages for any financial losses that are a direct consequence of the accident and your whiplash injury. These are claimed separately and there is no fixed limit — they are calculated based on your actual documented losses.

💼 Loss of Earnings

Income lost because you were unable to work during recovery — including overtime, bonuses and holiday pay lost as a result of the injury.

🏥 Medical Treatment

The cost of physiotherapy, chiropractic treatment, osteopathy, medication, and any other medical care required as a result of the whiplash injury.

🚗 Vehicle Costs

Repair or replacement costs for your vehicle, hire car costs while your vehicle was off the road, and any excess paid on your insurance policy.

🚌 Travel Expenses

The cost of travelling to and from medical appointments, physiotherapy sessions and any other appointments required as a result of the accident.

🧠 Psychological Treatment

Where the psychological impact goes beyond minor anxiety — such as travel phobia or PTSD requiring counselling or CBT — the cost of that treatment is recoverable.

🏠 Care and Assistance

The reasonable value of care and assistance provided by family members during your recovery, where you were unable to carry out daily tasks independently.

💡 Keep everything


Keep all receipts, invoices, payslips and bank statements related to the accident from the very first day. Special damages are only recoverable if they can be evidenced. A dedicated folder — physical or digital — for all financial documentation will significantly strengthen your claim.

Injuries Outside the Tariff — When More Compensation Is Available

The fixed tariff applies only to whiplash injuries as legally defined — soft tissue injuries to the neck, back or shoulder lasting up to two years. Several categories of injury fall outside the tariff entirely and attract individually assessed compensation, potentially significantly higher than the tariff amounts:

Injuries lasting more than two years

Whiplash injuries with a prognosis exceeding 24 months do not fall within the tariff system. They are valued in the same way as before the 2021 reforms — by reference to the Judicial College Guidelines (JCG) and the specific facts of your case. Serious long-duration whiplash claims can attract awards of £25,000 or more depending on severity and permanence.

Non-whiplash injuries

If your accident caused injuries that do not fall within the legal definition of whiplash — such as fractures, disc prolapses, nerve root damage, head injuries, knee injuries or psychological injuries that amount to a diagnosable condition — these are valued separately under the JCG, outside the tariff. These claims can be significantly more valuable.

Serious psychological injuries

Where you have developed a diagnosable psychological disorder — such as clinical PTSD, a specific phobia, or a recognised depressive disorder — as a result of the accident, this goes beyond “minor psychological injury” under the tariff definition and is assessed separately using the JCG, which can produce substantially higher awards.

Mixed Injury Claims — Whiplash Alongside Other Injuries

Where you suffered whiplash alongside other injuries to a different part of your body — such as a soft tissue knee injury, a fractured wrist, or a shoulder injury — you have what is known as a mixed injury claim. In these circumstances:

  • The tariff applies to the whiplash element of your claim only
  • The non-whiplash injuries are valued separately under the JCG
  • The court must then consider whether the combined total properly reflects the overall impact of all injuries, or whether there is any double counting — following the Supreme Court’s guidance in Hassam v Rabot [2024]

Mixed injury claims are more complex and typically benefit significantly from specialist legal representation. An experienced personal injury solicitor will ensure that all injuries are properly identified, evidenced and valued.

Suffered additional injuries alongside whiplash? 

Get specialist advice today.

The Official Injury Claim Portal — What It Is and When to Use It

The Official Injury Claim (OIC) portal is a free online service operated by the Motor Insurers’ Bureau (MIB). It was launched alongside the 2021 reforms to allow unrepresented claimants to make low-value road traffic accident personal injury claims without the assistance of a solicitor.

The OIC portal is designed for straightforward, low-value claims involving tariff injuries only. It is not suitable where:

  • Your claim value exceeds £5,000 (the small claims track limit for road traffic injury claims)
  • Liability is disputed — the other driver or their insurer is denying responsibility
  • You have suffered injuries in addition to whiplash
  • Your whiplash injury lasted more than two years
  • You have suffered a significant psychological injury
  • You are unsure whether the insurer’s offer fairly reflects your claim
⚠️ Warning


Insurers are commercially motivated to settle claims quickly and cheaply. An offer made through the OIC portal may not fully reflect all your losses — particularly special damages that you may not have identified. Before accepting any settlement, seek legal advice to confirm the offer is fair.

How to Make a Whiplash Claim — Step by Step

1. Seek Medical Attention

Visit your GP or A&E as soon as possible after the accident. Getting your symptoms on your medical record immediately is essential — it creates contemporaneous evidence of your injury and rules out more serious conditions.

2. Gather Evidence

Photograph the accident scene, vehicle damage and any visible injuries. Take down the other driver’s details, insurance information and witness contact details. Keep all receipts and financial records from the outset.

3. Report the Accident

Report the accident to your own insurer as soon as possible, even if you do not intend to claim on your own policy. Failure to do so may invalidate your cover. You should also report it to the police if anyone was injured.

4. Get Legal Advice

Contact a specialist car accident solicitor for a free assessment. They will advise on whether your claim suits the OIC portal or requires full legal representation, identify all heads of loss and ensure you do not settle for less than you are entitled to.

5. Obtain Medical Evidence

Contact a specialist car accident solicitor for a free assessment. They will advise on whether your claim suits the OIC portal or requires full legal representation, identify all heads of loss and ensure you do not settle for less than you are entitled to.

6. Negotiate and Settle

Your solicitor will present your claim to the insurer, negotiate on your behalf and advise you on whether any offer made is fair and reasonable. Most whiplash claims settle without the need for court proceedings.

Not sure if your case qualifies? Get a free, no-obligation assessment today.

Time Limits — How Long Do You Have to Claim?

Under the Limitation Act 1980, you have three years from the date of the road traffic accident to bring a personal injury claim for whiplash. If you miss this deadline, your claim will be time-barred and the court will not allow it to proceed regardless of its merits.

For children injured in road accidents, the three-year period runs from their 18th birthday — meaning they have until their 21st birthday to bring a claim. A parent or litigation friend can bring a claim on their behalf before they turn 18.

Do not delay. Even where time remains on the limitation clock, early action preserves evidence, ensures medical records accurately reflect your condition, and gives your solicitor sufficient time to build the strongest possible claim.

No Win No Fee Whiplash Claims

Whiplash claims — particularly those involving more serious injuries, additional injuries, disputed liability or complex circumstances — can be pursued through a Conditional Fee Agreement (CFA), commonly known as No Win No Fee. This means:

  • You pay nothing upfront
  • You pay nothing at all if your claim is unsuccessful
  • If your claim succeeds, a legally capped success fee is deducted from your compensation — the exact amount is agreed in writing before your claim begins
  • After-the-Event (ATE) insurance protects you against the defendant’s costs if the claim fails

Note that for straightforward low-value whiplash claims handled through the OIC portal, No Win No Fee solicitor representation is not typically available — the portal is designed for unrepresented claimants. However, for claims outside the portal — higher value claims, disputed liability, mixed injuries or injuries outside the tariff — No Win No Fee representation significantly improves your prospects of a full and fair settlement.

Frequently Asked Questions - Whiplash Claims UK — How Much Can I Claim?

How much can I claim for whiplash in the UK in 2025?

For accidents on or after 31 May 2025, the tariff ranges from £275 for injuries lasting up to three months to £4,830 for injuries lasting 18 to 24 months (whiplash only). Where a minor psychological injury also occurs, the range is £300 to £4,975. Special damages for financial losses are claimed on top. Injuries lasting more than two years fall outside the tariff and are valued individually.

The whiplash tariff is a fixed scale of compensation for general damages for road traffic accident related whiplash injuries lasting up to two years. Introduced by the Civil Liability Act 2018 and the Whiplash Injury Regulations 2021, it was updated in May 2025 with an approximately 15% inflationary increase. The tariff is determined by the prognosis duration of the injury as confirmed by a medical expert.

Yes, in certain circumstances. A judge can award up to 20% above the tariff in exceptional cases. Additionally, non-whiplash injuries, serious psychological injuries and whiplash injuries lasting more than two years are all valued separately, outside the tariff, using the Judicial College Guidelines — and can attract significantly higher awards.

In addition to the tariff amount, you can claim special damages for financial losses — including lost earnings, the cost of physiotherapy and medical treatment, vehicle repair or hire costs, travel expenses and any other out-of-pocket costs directly caused by the accident and injury.

For low-value, straightforward tariff claims you can use the Official Injury Claim portal without a solicitor. However, if your injury is more serious, liability is disputed, you have suffered additional injuries, or you are unsure whether the insurer’s offer is fair, instructing a specialist solicitor on a No Win No Fee basis is strongly recommended.

Under the Limitation Act 1980, you have three years from the date of the accident to bring a whiplash claim. For children, the three-year period runs from their 18th birthday. Do not delay — early action preserves evidence and strengthens your claim.

The Official Injury Claim (OIC) portal is a free online service for making low-value road traffic accident personal injury claims without a solicitor. It is designed for straightforward tariff-only claims worth under £5,000 where liability is not disputed. It is not suitable for complex claims, disputed liability or injuries outside the tariff.

Yes — for claims that fall outside the OIC portal, including more serious injuries, additional injuries, disputed liability and high-value claims. You pay nothing upfront and nothing if your claim is unsuccessful. If your claim succeeds, a legally capped success fee is deducted from your compensation.

Start Your No Win No Fee Claim Today

Our team of specialist road traffic accident solicitors offers a free, no-obligation case assessment. We will advise you honestly on whether you have a claim and handle everything on your behalf — with no upfront cost and no financial risk.

Legal disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every road traffic accident claim turns on its individual facts. You should seek independent legal advice from a qualified solicitor before taking any action. This guide reflects the law in England and Wales as at April 2026.

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Categories
Dental Negligence

No Win No Fee Dental Negligence Claims Explained

No Win No Fee Dental Negligence Claims Explained

April 7, 2026

How Conditional Fee Agreements work, what you pay if you win or lose, ATE insurance, success fees and your legal rights — everything explained in plain English.

Direct Answer

A No Win No Fee dental negligence claim is funded through a Conditional Fee Agreement (CFA). You pay nothing upfront and nothing at all if you lose. If you win, a legally capped success fee on your general damages and past losses is deducted from your compensation. After-the-Event (ATE) insurance protects you against the defendant’s costs if the claim fails. This arrangement means you can pursue a legitimate dental negligence claim without any financial risk.

Table of Contents

The cost of legal representation is one of the main reasons people hesitate before making a dental negligence claim. The fear of facing an expensive solicitor’s bill — especially if the claim does not succeed — puts many people off pursuing compensation they may be fully entitled to. No Win No Fee funding exists specifically to remove that barrier. This guide explains exactly how it works, what you will and will not pay, and what to look for before you sign any agreement.

What Is No Win No Fee?

No Win No Fee is the common name for a funding arrangement in which your solicitor agrees to represent you without charging any upfront legal fees. If your claim is unsuccessful, your solicitor writes off their fees and you pay nothing. If your claim succeeds, a pre-agreed percentage of your compensation — known as the success fee — is deducted to cover your solicitor’s costs.

The arrangement is formally known as a Conditional Fee Agreement (CFA) — the fee your solicitor charges is conditional on the outcome of your case. CFAs are governed by the Courts and Legal Services Act 1990, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the Conditional Fee Agreements Order 2013.

How common is No Win No Fee? According to Ministry of Justice data, over 90% of personal injury and clinical negligence claims in England and Wales — including dental negligence claims — are now funded on a No Win No Fee basis. It is the standard funding model for this type of claim and is well-established in law.

What Is a Conditional Fee Agreement (CFA)?

A Conditional Fee Agreement is a written, legally binding contract between you and your solicitor. It is not a casual arrangement — it must be set out in writing before your solicitor begins work on your claim, and it must explain clearly:

  • What work your solicitor will carry out and at what stage
  • The circumstances in which the success fee becomes payable
  • The percentage of the success fee and how it is calculated
  • What happens if you lose, withdraw or breach the agreement
  • Any disbursements (out-of-pocket costs such as expert report fees) and how these are handled
  • Your 14-day right to cancel without penalty

Before signing, read the CFA carefully. Ask your solicitor to explain any clause you do not understand. A reputable firm will welcome questions and will not pressure you to sign before you are ready.

What You Pay If You Win — and If You Lose

🏆 If Your Claim Succeeds
  • You receive your compensation award
  • A legally capped success fee is deducted from your compensation — the exact amount is agreed with your solicitor before any work begins.
  • Special damages (financial losses) are paid to you in full and not subject to the cap
  • The ATE insurance premium is typically deducted from your compensation
  • The defendant pays the majority of your solicitor’s base legal costs
  • A guaranteed portion of your general damages and past losses is paid to you — the success fee deduction is capped by law and fixed before your claim starts.

🛡️ If Your Claim Is Unsuccessful

  • You pay nothing to your solicitor — their fees are written off under the CFA
  • ATE insurance covers the defendant’s legal costs and disbursements
  • You are not left with any legal bill provided you have complied with the CFA terms
  • No success fee is payable — it only arises if you win

Download the Free Dental Negligence Claims Guide (PDF)

 

Our free guide covers the full claims process step-by-step — from what to do first and how to gather evidence, through to time limits, expert reports, and compensation. Download the Dental Negligence Claims Guide (PDF).

The Success Fee — What It Is and How It Is Capped

The success fee is the additional amount your solicitor charges on top of their basic costs when your claim succeeds. It is their reward for taking on the financial risk of acting for you without any guarantee of payment.

How the cap works

In dental negligence claims — which are treated as clinical negligence claims — the success fee is capped by law on two specific heads of your compensation:

  • General damages (for pain, suffering and loss of amenity)
  • Past financial losses (special damages already incurred)

It does not apply to future financial losses — meaning future treatment costs and future loss of earnings are paid to you in full and are not subject to the success fee deduction at all. The cap is set by the Conditional Fee Agreements Order 2013 and cannot be overridden by any individual agreement between you and your solicitor — no matter what a CFA says, the law limits what can be deducted.

After-the-Event (ATE) Insurance — Your Financial Safety Net

ATE insurance is a policy taken out after the dental negligence has occurred (hence “after the event”). It protects you against the financial risk of having to pay the defendant’s legal costs and disbursements if your claim is unsuccessful.

What ATE covers

  • The defendant’s legal costs if your claim fails at court
  • Expert report fees — independent dental and medical experts are expensive
  • Court fees and barrister fees if proceedings are issued
  • Other disbursements incurred during the claim

What ATE costs

If your claim succeeds, the ATE premium is typically deducted from your compensation at the end of the case. If your claim fails, the ATE insurer pays and you pay nothing. The premium amount varies depending on the complexity and value of your claim. Your solicitor will arrange ATE insurance on your behalf and explain the expected premium before the policy is taken out.

How Your Solicitor Gets Paid — The Full Picture

Understanding the full costs picture helps you see why No Win No Fee is genuinely in your interest. Here is how the money flows in a successful dental negligence claim:

  • Base legal costs — the defendant pays the majority of your solicitor’s base costs (their standard hourly rate for the work done) as part of the settlement or court order
  • Success fee — you pay this from your compensation
  • ATE premium — deducted from your compensation at conclusion
  • Disbursements — expert fees, court fees and barrister fees are typically covered by ATE insurance or recovered from the defendant

The alignment of interests: Because your solicitor’s success fee is a percentage of your compensation, they have a direct financial incentive to maximise your award. The higher your compensation, the higher their fee. This alignment of interests means your solicitor is always working toward the best possible outcome for you — not simply toward any settlement.

 

Will My Dental Negligence Case Be Accepted on No Win No Fee?

Solicitors will only offer a CFA if they assess that your claim has a reasonable prospect of success — typically meaning prospects of 51% or higher. They take on financial risk by acting for you without any guaranteed payment, so they will carry out an initial assessment before committing to a CFA.

What solicitors look for before offering a CFA

  • Evidence that your dentist owed you a duty of care (universal for all dental patients)
  • Signs that the treatment fell below the standard expected of a competent dental professional
  • A clear causal link between the treatment and the harm you suffered
  • That your claim falls within the three-year limitation period
  • That the injuries are sufficiently serious to justify the cost of expert evidence
  • That there is a realistic prospect of recovering compensation that exceeds the cost of pursuing the claim

Not sure if your case qualifies? Get a free, no-obligation assessment today.

The No Win No Fee Process — Step by Step

1. Free Initial Consultation

You speak with a specialist dental negligence solicitor — at no cost and with no obligation. They will ask about your treatment, your injury and your circumstances. This is your opportunity to ask questions and assess whether the firm is the right fit for your claim.

2. Initial Case Assessment

The solicitor will assess whether your claim has sufficient merit to proceed on a No Win No Fee basis. They may ask you to provide basic information about your treatment and injury. In some cases, they will need to review your dental records before confirming they can accept the case.

3. CFA and ATE Insurance Arranged

If the solicitor agrees to take on your case, they will send you the Conditional Fee Agreement to review and sign. They will also arrange After-the-Event insurance on your behalf. Both documents must be in place before formal work begins. You have 14 days to cancel without penalty.

4. Evidence Gathering

Your solicitor obtains your dental records, GP records and any other relevant documentation. They instruct an independent dental expert to review the records and provide a written report on breach of duty and causation. You may be asked to attend an expert examination. For more detail, see our guide to evidence for a dental negligence claim.

5. Letter of Claim

Once the expert evidence is supportive, your solicitor drafts and sends a formal Letter of Claim to the defendant. This triggers the Pre-Action Protocol for the Resolution of Clinical Disputes. The defendant has four months to investigate and respond.

6. Negotiation and Settlement

Most dental negligence claims are resolved through negotiation at this stage, without the need for court proceedings. Your solicitor will negotiate on your behalf to achieve the highest appropriate settlement. If the defendant denies liability, court proceedings may be issued as a last resort.

7. Compensation Paid

Once a settlement is agreed or judgment is obtained, your compensation is paid. The success fee and ATE premium are deducted from the relevant portion of your award, and the remaining balance is paid to you. Your solicitor will provide a clear breakdown of all deductions.

Questions to Ask Your Solicitor Before Signing a CFA

Before committing to a Conditional Fee Agreement with any firm, ask the following questions. A reputable firm will answer all of them clearly and in writing:

  • What is your exact success fee percentage? Confirm this in writing
  • What happens to my disbursements if I lose? Confirm these are covered by ATE insurance
  • What is the estimated ATE premium and when is it payable?
  • Are there any circumstances in which I might have to pay costs even if I lose?
  • What is your assessment of my prospects of success?
  • How long do you expect the claim to take?
  • Who will be handling my case day to day?
  • Are you regulated by the SRA? Always verify that the firm is authorised and regulated by the Solicitors Regulation Authority

Want to know what your claim could be worth? 

Get a free, no-obligation assessment today.

Can I Cancel a No Win No Fee Agreement?

Yes. Under consumer protection law you have a 14-day cooling-off period from the date you sign the CFA during which you can cancel without incurring any fees or costs. This right applies regardless of the terms of the individual agreement.

After the 14-day period, cancellation may result in liability for costs already incurred — such as disbursements paid to experts or court fees. The exact position depends on the terms of your specific CFA, which your solicitor must explain clearly before you sign. If you are considering cancelling, speak to your solicitor first — they may be able to address any concerns without the need to terminate the agreement.

Why Make Your No Win No Fee Claim with NJS Law?

At NJS Law, all dental negligence claims are accepted on a No Win No Fee basis. You will never be asked to pay anything upfront, and if your claim is unsuccessful, you pay nothing. Our specialist team will:

  • Assess your case honestly and in full during a free initial consultation
  • Explain the CFA terms clearly before asking you to sign anything
  • Arrange ATE insurance on your behalf from the outset
  • Handle all evidence gathering — dental records, expert reports and financial documentation
  • Keep you informed at every stage of your claim
  • Negotiate aggressively to achieve the maximum appropriate award
  • Only pursue court proceedings where necessary and where prospects justify it

We are authorised and regulated by the Solicitors Regulation Authority. Our dental negligence team has extensive experience across all types of dental claims — from wrong tooth extractions and failed root canal treatment to nerve damage, missed oral cancer and complex cosmetic dentistry failures.

Frequently Asked Questions

What is a No Win No Fee dental negligence claim?

A No Win No Fee dental negligence claim is funded through a Conditional Fee Agreement (CFA). You pay no legal fees upfront and nothing at all if your claim is unsuccessful. If your claim succeeds, a legally capped success fee is deducted from your compensation — the exact amount is agreed with your solicitor before any work begins.

A CFA is the formal written contract between you and your solicitor that underpins the No Win No Fee arrangement. It sets out the success fee percentage, what happens if you lose, and any disbursements. It is governed by the Courts and Legal Services Act 1990 and the Conditional Fee Agreements Order 2013.

The success fee is capped by law on your general damages and past financial losses under the Conditional Fee Agreements Order 2013. The exact amount is agreed with your solicitor before signing — nothing is deducted without your prior knowledge and written consent. To partially offset the success fee deduction, general damages awards in CFA-funded claims were increased across the board — a reform known as the Jackson uplift — introduced at the same time the current rules came into force.

After-the-Event (ATE) insurance protects you against having to pay the defendant’s legal costs and disbursements if your claim is unsuccessful. Your solicitor arranges it on your behalf. If you win, the premium is deducted from your compensation. If you lose, the insurer pays and you pay nothing.

Nothing — provided you have complied with the terms of your CFA. Your solicitor writes off their fees. ATE insurance covers the defendant’s costs and disbursements. The only exception is if you have breached the CFA terms, for example by failing to attend a medical examination.

You will typically receive the protected majority of your general damages and past losses after the success fee deduction. Special damages — covering financial losses such as treatment costs, lost earnings and travel — are not subject to the success fee and are paid to you in full.

Not every claim will be accepted. Solicitors will only offer a CFA if they assess your claim has reasonable prospects of success — usually 51% or higher. They will review your circumstances, dental records and the available evidence before committing to a CFA.

Yes. You have a 14-day cooling-off period during which you can cancel without any fees. After this period, cancellation may result in liability for costs already incurred, depending on the CFA terms. Your solicitor must explain the cancellation terms clearly before you sign.

Start Your No Win No Fee Claim Today

Our team of specialist dental negligence solicitors offers a free, no-obligation case assessment. We will advise you honestly on whether you have a claim and handle everything on your behalf — with no upfront cost and no financial risk.

Legal disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every dental negligence case turns on its individual facts. You should seek independent legal advice from a qualified solicitor before taking any action. This guide reflects the law in England and Wales as at April 2026. Different rules may apply in Scotland and Northern Ireland.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.