No-win, no-fee claim laws were passed by Congress and the States to help protect victims of personal injuries. In most states, it is illegal for a personal injury attorney to ask for payment upfront. The law basically states that if you were involved in a personal injury, you can sue the other party and their insurance provider will have to foot the bill. Even if you lose. There were a number of arguments for and against this legislation, whose impact upon America has been wide-spread.

Pro: Filing a conditional fee claim is a win-win situation for the claimant. If their claim is denied, they don’t lose any money since the other side’s insurance pays their legal expenses. If their claim is accepted, they stand to make a lot of money.

Con: The conditional fee system has turned America into a more litigious society. The courts are full of absurd claims, such as cases where people sue restaurants over failing to tell them their “hot coffee” will be hot. People abuse the privilege this law affords through self-serving efforts to “just get money.” This creates a lot of extra work for the courts, which in turn reflects a greater tax burden for the rest of us.

Pro: No-win, no-fee claims have allowed the economically marginalized to seek justice. Prior to the adoption of these laws, often it was only the rich that would get justice in personal injury cases. Disenfranchised neighborhoods were full of car accidents, food poisoning, and medical malpractice– All without representation or justice. Today, regardless of your income or walk-of-life, you can find solace in the legal system.

Con: Increased health care costs. Due to the abuse of the system, hospitals all over have had to take out unreasonably large insurance policies. This is for two reasons: Claimants seek medical treatment simply for the purposes of driving up their claim. And secondly, people will often frivolously sue hospitals in attempts to get medical malpractice compensation.

Pro: Better prospects for individual recovery post-injury. Before no-win, no-fee, you were likely to get a sum just to cover your expenses immediately after the accident. Chronic issues were not taken into consideration because these require multiple, expert testimonies from doctors and sophisticated grasp of the law, such as only a personal injury attorney would have. Overall public health was worse post-injury as people struggled with whiplash and other chronic pains. Now injury claims include treatment, adjusted for inflation, for decades post-injury. Treatment can also be sought from private care physicians, allowing flexibility in practitioners and access to specialists.

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