Scotland

NoWinNoFee.com is a claims management company that helps people claim compensation for an accident or injury that wasn't their fault

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    No Win No Fee Injury Solicitors in Scotland

    Making an accident claim in Scotland is slightly different to the processes in England & Wales. For a start, most English and Welsh firms will not take on Scottish accident injury claims so you may find yourself using someone more local than you originally expected which is always more appealing. We list some of the more experienced injury solicitors in Scotland and each is an actual law firm, not one of these claims management companies, so when you call them you should get more information and more qualified advice regarding compensation claims in Scotland. They are listed in no particular order and each displays their contact details and the type of cases they deal with – speak to a solicitor.

    Accident claims in Scotland do bear many resemblances to the services available in other parts of the UK. For example, the majority of solicitors will offer to run your case as a no win no fee injury claim in Scotland. Unfortunately the rules governing solicitor fees for Scottish claims for compensation are far less favourable than those south of the border as the majority of the costs are payable out of the compensatory amounts you receive rather than by the third party responsible. Unlike criminal injuries compensation in Scotland, which runs exactly the same as in any part of the UK where you and the solicitor running the case agree to a fixed percentage (normally between 20% – 30%), the fee system for injury claims in Scotland reads more like a tax bill but fortunately in reverse! i.e. the higher percentages are charged on the lower amounts:

    • On settlements up to £2,500 25%
    • On the excess over £2,500 up to £5,000 15%
    • On the excess over £5,000 up to £10,000 7.5%
    • On the excess over £10,000 up to £20,000 5%
    • On the excess over £20,000 2.5%

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    Such a system for accident compensation in Scotland may seem to be less advanced and less claimant-friendly but such protects third parties from extortionate legal fess from the suing party which is the main cause for concern and the rise of media criticism of personal injury law firms and claims management firms in England and Wales. Scottish injury compensation is therefore considered to be a more sensible approach to keeping the system in check. Remember, that as the solicitor’s fees are based on the compensation you receive you can have a bit more peace of mind regarding the efforts of that solicitor. Of course, if you do enter into a no win, no fee arrangement, also known as a speculative fee arrangement, then if your case fails you will not have to pay your lawyer anything. But to ensure that you cannot be pursued for legal costs incurred by the third party that you are suing your lawyer may recommend that you ‘purchase’ legal insurance. There may be a non-refundable fee involved though some firms can arrange for a self-underwriting policy – this means that whether the case wins or loses you will not have to pay a penny. If you have been involved in a car accident and have been injured then you may already have legal protection from your car insurance provider even for Scottish accidents. In Scotland this could prove very beneficial in regards to the final amount of compensation you receive and it will require no upfront payments either.

    Be sure and understand fully all the fees involved before starting a compensation claim in Scotland and don’t be afraid to ask for time to think about any forms a solicitor requires you to sign or even to obtain a second opinion about your case. Most injury lawyers in Scotland will speak to you and advise you of your options for free either in person or over the telephone. There is also no shortage of experts on certain claims types so be sure and ask plenty of questions and if you feel that the person you are speaking to does not sound as well informed about either your injuries or your accident type then pull out the Yellow Pages and check the adverts for people stating specialisations. The difference when making a Scottish injuries claim with an experienced law firm instead of an eager one can be huge, especially with items like medical negligence.*

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