What Fee Do Personal Injury Solicitors Take?
Understanding what UK personal injury solicitors charge is essential before engaging legal representation. The current UK framework — following the LASPO 2012 reforms — combines: base costs (the solicitor’s standard fees, typically recoverable from defendant on a successful case), a success fee (the solicitor’s additional reward for taking the case on no win no fee terms, deducted from your damages and capped at 25 per cent), After-the-Event (ATE) insurance premiums (sometimes deducted from damages), and disbursements (court fees, expert reports — typically recoverable from defendant on win). Net compensation to the claimant is typically substantially less than gross damages. Understanding the calculation, the protections in place, and the alternatives is essential.
This guide explains all UK personal injury solicitor fees, the 25 per cent cap, and how to evaluate a fee proposal.
The Two Types of Solicitor Fees
Base Costs
The solicitor’s standard fees for handling your case:
- Hourly rates for time spent
- Or fixed fees for specific stages
- Calculated based on time and complexity
- Industry standards apply
Success Fee
Additional fee for taking case on CFA:
- Compensation for solicitor risk
- Calculated as percentage of base costs typically
- Deducted from client damages
- Capped at 25 per cent of general damages and past losses
Who Pays Each Fee Type?
On Successful Case
Typical structure:
- Base costs — typically recovered from defendant (or insurer)
- Success fee — deducted from client damages (post-LASPO)
- Disbursements — typically recovered from defendant
- ATE premium — typically deducted from client damages (post-LASPO)
On Lost Case
If case fails:
- No solicitor fees from client (typically)
- No success fee charged
- ATE typically covers disbursements
- QOCS protects against defendant costs in most PI cases
The Critical Pre/Post-LASPO Change
Pre-LASPO (before April 2013):
- Success fee recoverable from defendant
- ATE premium recoverable from defendant
- Client net damages largely intact
Post-LASPO (current):
- Success fee deducted from client damages
- ATE premium typically deducted from damages
- Net compensation substantially reduced
- Specific protections introduced
The 25% Cap Explained
What the Cap Means
LASPO 2012 introduced specific protection:
- Success fee deduction cannot exceed 25 per cent of general damages and past losses
- Calculated on general damages and past special damages
- Future damages excluded from cap calculation
- Statutory protection — cannot be contracted out
What’s Included in the Cap Base
For 25% calculation:
- General damages (pain and suffering)
- Past special damages (lost earnings already incurred, treatment already received)
- NOT future damages (future care, future loss of earnings)
Practical Effect
For typical cases:
- Cap protection works well
- Most claimants pay 20-25% effective deduction
- Substantial case with large future damages — lower percentage deduction
Worked Examples
Example 1: Whiplash case with full recovery
- Gross damages: £5,000 (all general damages)
- Cap base: £5,000
- Maximum success fee: £1,250
- Net to claimant: £3,750
Example 2: Back injury with ongoing impact
- General damages: £25,000
- Past special damages: £15,000
- Future damages: £30,000
- Total gross: £70,000
- Cap base: £40,000 (general + past special)
- Maximum success fee: £10,000
- Net to claimant: £60,000 (before other deductions)
Example 3: Catastrophic injury
- General damages: £200,000
- Past special damages: £100,000
- Future damages: £2,000,000
- Total gross: £2,300,000
- Cap base: £300,000
- Maximum success fee: £75,000
- Net to claimant: £2,225,000 (before other deductions)
Other Deductions from Damages
ATE Premium
Additional deduction:
- Premium for adverse cost insurance
- Typically £100-£3,000 for standard cases
- Sometimes higher for complex cases
- Deducted from damages on win
See our ATE insurance explained guide.
CRU (Compensation Recovery Unit)
Government recovery of benefits paid:
- Benefits received because of injury (PIP, ESA, etc.)
- Government recovers these from settlement
- Specific calculation method
- Deducted before claimant receives funds
Disbursement Recoupment
Sometimes:
- Some disbursements may be deducted from damages
- Particularly if defendant doesn’t pay all
- Specific terms in CFA
Calculating Your Net Compensation
Standard Calculation
From gross damages:
- Subtract success fee (subject to 25% cap)
- Subtract ATE premium
- Subtract CRU deductions
- Subtract any disbursement recoupment
- Net amount to claimant
Worked Example
Standard workplace case:
- Gross damages: £30,000
- Success fee (25% cap): £6,500
- ATE premium: £800
- CRU benefits: £3,000
- Net to claimant: £19,700
Why Net Is Less Than Gross
Specific reductions:
- Success fee — solicitor reward for risk
- ATE premium — insurance cost
- CRU — government benefit recovery
- Disbursements — some may be deducted
How Success Fee Percentages Are Set
Risk-Based Calculation
Solicitor sets percentage based on:
- Strength of case
- Difficulty of evidence
- Defendant resistance likely
- Complexity
- Specific case type
Typical Percentages
Common ranges:
- Strong cases — typically 25 per cent of base costs
- Average cases — typically 50-75 per cent of base costs
- Complex/risky cases — typically up to 100 per cent of base costs
- But capped at 25 per cent of general damages and past losses regardless
The Two-Step Calculation
Modern UK CFAs typically:
- Step 1: Calculate success fee as percentage of base costs
- Step 2: Apply 25 per cent cap on damages
- Lower of two figures applied
- Specific protection for claimant
Comparison Between Solicitor Models
Major High Street Firms
Typical approach:
- Standard CFAs at 25 per cent cap
- Standard ATE arrangements
- Industry-standard fees
- Substantial volume practice
Specialist Personal Injury Firms
- Often more specialised approach
- May offer below-cap success fees in some cases
- Specific expertise in case types
- Variable fee structures
Claims Management Companies
Different model:
- Refer cases to panel solicitors
- Take referral fees
- May add additional fees
- Different oversight
See our solicitor vs CMC guide.
Trade Union Funded Cases
For union members:
- Union typically funds case
- No success fee deduction often
- Specific solicitor panel
- Substantially better net compensation
Legal Expenses Insurance (LEI)
For those with cover:
- Insurer funds case directly
- No success fee deduction
- Substantially better net compensation
- Often available through home/motor insurance
What the Solicitor Should Tell You
Pre-Contract Disclosure
Before signing CFA:
- Expected gross damages range
- Expected deductions (success fee, ATE, CRU)
- Expected net compensation range
- Alternative funding options (including LEI)
- Specific terms in writing
Specific Questions to Ask
- What is your success fee percentage?
- How does the 25% cap calculation work in my case?
- What ATE premium is proposed?
- What’s my expected net compensation range?
- Do you have any alternative fee proposals?
- What’s included in your work for the success fee?
Solicitor vs Solicitor Comparison
Shopping Around
It is legitimate to:
- Get quotes from multiple solicitors
- Compare success fees and ATE premiums
- Ask for explanations of differences
- Choose the best terms
But Quality Matters
Cheapest is not always best:
- Specialist expertise matters
- Experience with similar cases
- Resources for substantial cases
- Communication quality
Specialist Recommendations
- Specialist Personal Injury solicitors (APIL membership)
- AvMA accredited (for medical negligence)
- Catastrophic injury specialists for severe cases
- Industrial disease specialists for occupational
Common Questions About PI Solicitor Fees
Will I get less than 75% of my damages?
Sometimes, depending on case factors. After:
- Success fee (up to 25% of cap base)
- ATE premium
- CRU deductions
- Disbursement recoupment in some cases
For straightforward cases with no CRU and minimal disbursements, claimants typically receive 75-80% of gross damages. For complex cases with substantial CRU, lower percentages may apply. Specialist solicitors should provide specific estimates. The 25% cap is a maximum — many cases see lower percentage deductions.
Can I negotiate a lower success fee?
Sometimes yes. While 25% is the maximum, many solicitors offer below-cap percentages for: strong cases, established clients, specific case types. Shopping around can identify firms offering lower percentages. However, lower success fee may reflect lower service expectations — quality and expertise matter substantially. Specialist solicitors typically charge maximum percentages reflecting their expertise. Trade-off between cost and service.
Why does the solicitor get a success fee — they’re already paid?
The success fee reflects risk. Under a CFA: solicitor receives nothing if case lost (sometimes paying disbursements personally), substantial financial exposure on every case, success fees from won cases compensate for lost cases, allows access to legal representation otherwise impossible. The 25% cap balances claimant protection against the need for solicitor risk-taking. Pre-CFA, many UK accident victims couldn’t access legal representation — CFAs democratised access to justice.
I won my case. Do I still pay the solicitor anything?
Yes, but typically from damages not separately. On successful PI cases:
- Defendant typically pays solicitor’s base costs
- Success fee deducted from your damages (within 25% cap)
- ATE premium typically deducted from damages
- CRU benefits recovered from damages
You don’t typically pay separately — but your net compensation is reduced. Specialist solicitors should explain expected net amount before signing CFA.
What if my settlement is very small?
The 25% cap means proportional deduction. For small settlements:
- £3,000 settlement — maximum success fee £750
- £5,000 settlement — maximum success fee £1,250
- Net compensation £2,250-£3,750 typically
Note: For small RTA whiplash cases under £5,000, the OIC portal applies — different fee structure with no success fee typically. For other small cases, the 25% cap protection ensures proportional deduction.
Does my solicitor get the success fee if I refuse to settle?
Complicated and case-specific. If the case progresses to final outcome (settlement, judgment, or discontinuance):
- On win — solicitor gets success fee
- On loss — solicitor gets nothing
- On discontinuance — specific CFA terms apply
- On rejection of reasonable offer leading to worse outcome — Part 36 consequences apply
CFAs typically allow solicitors to terminate if client unreasonably refuses to follow advice. Specialist legal advice essential at decision points.
Related Guides
No Win No Fee Personal Injury Solicitors UK
How a Conditional Fee Agreement Works
After-the-Event (ATE) Insurance Explained
Solicitor vs Claims Management Company
Compensation Recovery Unit Deductions
How Long Does a PI Claim Take?
Check If You Could Claim Compensation For Your Injury
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