In Scotland, you might come across a term called no win no fee in various places, especially when it’s related to personal injury claims. However, what does it truly mean? This article will explain how no win no fee arrangements work, and how you can make a claim using this arrangement.
If you want to make a no win no fee personal injury claim, contact us today. Rest assured our panel of solicitors are experts in personal injury claims, they will help you win your claim.  

What Is No Win No Fee Personal Injury Claims?

A no win no fee personal injury claim is essentially a promise from your No Win No Fee Lawyer that you won’t have to pay them a penny unless your personal injury claim wins. 

Basics: When a solicitor takes on your case on no win no fee Scotland agreement, you get peace of mind. If, by chance, the claim fails, you won’t have to pay solicitors fees from your pocket.

Winning the Case: On the brighter side, if you win, your solicitor’s hard work is rewarded, not from your pocket, but from the compensation they win for you. They will take a small previously agreed percentage of your compensation as their success fee. 

Success Fee: The success fee is your solicitor’s fee for their hard work and dedication in helping you win a no win no fee personal injury claim. This success fee is usually agreed upon at the start of the no win no fee compensation claim and can be up to 20% of your compensation. 

Insurance: Some No Win No Fee Personal Injury Solicitors may advise clients to take out an insurance policy known as “After the Event” insurance. This covers potential costs, like court fees or medical reports, in case the claim is lost. If you win the case, you can usually recover these costs from the opposing side as a part of compensation.

Benefits: This model provides access to justice for many who might not be able to afford the costs of legal representation. It ensures that financial constraints do not prevent someone from pursuing a legitimate injury claim.

Before entering a “no win, no fee” agreement, it’s essential to understand the terms and conditions, including any potential costs, the success fee percentage, and any other charges or fees that might arise.

How Do ‘No Win, No Fee’ Claims Work?

No win, no fee” claims can sound complex, but they’re designed to help people get justice without worrying about hefty bills upfront. Here’s how they work, broken down simply:

  1. The Basics: “No win, no fee” means if we take on your case and don’t win, you don’t owe us any legal fees. It is our promise to you.
  2. The Other Side Pays: When someone gets hurt, usually an insurance company stands on the other side, representing the person or company at fault. If we win your case, this insurance company will pay your compensation.
  3. Investigating Your Claim: To determine how much compensation is right for you, we look deeply into things. We gather evidence, like police reports or doctor’s notes, which can cost money. 
  4. Winning the Case: If your claim succeeds, we keep a small part of your compensation as a “success fee” for our work. This fee is a set percentage, which we’ll discuss with you at the start.
  5. In Case We Don’t Win: Sometimes, cases don’t go as planned. However, even if that happens, you won’t have to pay the legal costs. We cover them. It’s our commitment to making justice accessible for everyone.

If I Win My Case, Who Pays My Solicitor?

When your case succeeds, the insurance company on the other side, representing the party at fault, typically foots the bill. They pay out your compensation. A part of this compensation goes towards covering the legal expenses, which include our fees.

We work hard to get you the compensation you deserve, so we earn our wages through a “success fee.” This fee is a predetermined percentage of your compensation, which we deduct after a victorious outcome. It’s our reward for ensuring you get the justice and compensation you rightfully deserve.

In simpler terms, if your case wins, you won’t directly pay us. Instead, our fees come from the compensation amount, ensuring you get experienced legal support without immediate out-of-pocket expenses. This makes sure you can seek justice, no matter your financial situation.

What Happens If You Lose Your Case?

Dealing with personal injury claims, the last thing anyone wants is the looming shadow of a massive bill; that’s why we work on the “no win, no fee” principle. If the scales of justice don’t tip in your favour, your wallet remains untouched by our legal charges. We aim to ensure that the pursuit of justice is open to all, irrespective of the result. 

When it comes to personal injury claims, there’s more to it than meets the eye: gathering proofs, court charges, etc. Even if the outcome isn’t in your favour, these expenses aren’t your burden to bear; if you have “After the event” insurance, it can take care of these costs. 

To summarize, with us representing you, the journey through a personal injury claim is one with minimal financial risk. Whether we win or not, our primary goal is to support you and fight for you, making the process as stress-free as possible.

Will I Have To Pay Any Other Costs If I Win?

If you win your case, the opposite party’s insurance company usually covers most of the associated costs, such as legal fees. This means they not only pay your compensation but also include the majority of the expenses involved in the legal process in compensation.

While we are dedicated to your cause and fighting for the justice you rightfully deserve, there’s a “success fee” associated with our services. This is a previously discussed percentage of your eventual compensation. We take our agreed share once victory is yours and the compensation lands in your account. Think of it as a token, rewarding our tireless work and deep-seated expertise.

Apart from this success fee, in most situations, there aren’t any hidden charges or unexpected costs that pop up. With us guiding you, the process is transparent, ensuring you know of any financial commitments from the outset. So, in essence, your victory in the courtroom won’t lead to unexpected bills; you will know upfront what part of your compensation is meant for fees, allowing you to plan accordingly.

What Types Of Personal Injury Claims Can You Make On A No Win No Fee Basis?

Personal injury claims might seem complex at first glance, but knowing the types of cases one can pursue on a “no win, no fee” basis can make things more transparent. So, what exactly can you approach with this financial setup? Let’s simplify it for you.

Road Traffic Accidents: If you’ve been injured due to a vehicle mishap, whether as a pedestrian, cyclist, or passenger, you can seek compensation without the upfront financial burden.

Work Accidents: The workplace should be safe. If that wasn’t the case with your workplace, and you’ve suffered an injury because of it, you have a personal injury case.

Serious Injury: Severe injuries that have long-term effects on your well-being and lifestyle can make you eligible to make a claim.

Industrial Disease: If you’ve contracted illnesses due to the nature of your work or work environment, you are eligible to make a claim on no win no fee basis.

Medical Negligence: Mistakes or oversights by medical professionals leading to injury or worsening of conditions can be pursued.

Accidents Abroad: Injuries that occur overseas, during a holiday or work trip, are also included.

Accidents in Public Places: A slip, trip, or fall in a public area due to negligence can lead to a claim.

Historical Abuse: Past events of abuse, even if they occurred a long time ago, can be grounds for compensation.

What Happens When I Make A Claim?

Making a personal injury claim can be difficult, but understanding the process can alleviate some concerns. Here is what happens when you decide to make a claim.

  1. Initial Consultation: When you first reach out to us, we will have a detailed conversation about your situation and the circumstances surrounding the accident. It will include any evidence you might already have and the extent of your injuries or damages.
  2. Investigation: We will start our investigation once we have an overview. This often involves collecting essential pieces of evidence like police reports, medical records, or even expert opinions to establish the grounds of your claim.
  3. Assessing Claim Viability: With the evidence and details, we will assess the likelihood of your claim’s success. We will be transparent with you about the prospects and guide you on the best path forward.
  4. Engaging with the Other Party: Most personal injury cases involve another party, typically an insurance company. They aim to offer as little as possible. We take the reins in the negotiation phase, always putting your well-being and rights as our first priority.
  5. Legal Proceedings: Sometimes, negotiations might not go well. If we can’t seal the deal amicably, it might be time to initiate a court action. However, don’t worry; personal injury claims don’t always reach this stage. More often than not, threat of court action is just to let the opposition to buckle down and reconsider the negotiations.
  6. Settlement: At the end of the day, it’s all about ensuring you’re fairly compensated. Whether through mutual agreement or a court verdict, our mission is to ensure you get every penny you rightfully deserve.

How Much Compensation Will I Receive If My Claim Is Successful?

The amount of compensation you can claim depends on various factors, including:

  1. Nature and Severity of Injury: Think of it this way—the graver the injury, the heftier the potential payout. It’s not just about the physical scars but also the emotional ones and how they ripple through your day-to-day life.
  2. Medical Expenses: Compensation doesn’t just include what you’ve already spent on medical bills; it includes your present medical needs and those that might crop up in the future due to the injury. This can include consultations, treatments, surgeries, medications, and even therapies.
  3. Lost Wages: If you ever had to skip work or found it hard to keep up after the accident because of your injury. That lost income is included when calculating the final compensation.
  4. Property Damage: If, let’s say, a car accident destroys your vehicle, the compensation will also consider this property damage, ensuring it gets fixed or replaced.
  5. Additional Costs: Sometimes, injuries may lead to other unexpected expenses. For example, you might need to modify your home or require special equipment to aid mobility.
  6. Non-Monetary Damages: Beyond tangible costs, compensation may address intangible damages, such as emotional distress, loss of enjoyment of life, or loss of companionship.

While these factors offer a framework, it’s essential to note that every case has distinct elements that can influence the final compensation amount. Our team goes above and beyond, meticulously piecing together every aspect of your case. We’re not just in it to win; we’re here to ensure you get compensated perfectly for all your injuries and damages.

How Long Might My Claim Take?

Guessing how long a personal injury claim might take is extremely difficult. Even with our expertise, we can only give you a rough estimate; it is almost impossible to pinpoint the exact date.

  1. Initial Assessment: This stage involves gathering all relevant details about the accident. The initial phase can span from several days to a handful of weeks. It depends on the intricacies of the situation and how quickly we can gather all the necessary details.
  2. Investigation Phase: In this phase, we start gathering evidence, procuring witness testimonies, and securing medical documents. The length of this stage isn’t set in stone; it could be a matter of weeks or stretch out to several months, depending on the time it takes to gather this data. 
  3. Negotiation: If the claim can be settled through negotiations without going to court, it takes a relatively shorter time; the negotiation period can span additional weeks or even meander into months. Both sides will discuss and propose compensation amounts to find a middle ground.
  4. Going to Court: Should negotiations fail and no agreement be in sight, we prepare to face off in court. Depending on the court’s schedule and the complexities involved in the case, this phase could take months or, in more intricate scenarios, a couple of years.
  5. Other Factors: The willingness of the opposing party to cooperate, the clarity of evidence, and unforeseen challenges can all influence the duration.

While it’s natural to want a swift resolution, it’s crucial to remember that the main goal is a fair outcome. Sometimes, ensuring justice and proper compensation takes time. We’re dedicated to keeping you informed every step of the way and working diligently towards the best possible outcome for your case.

Who Pays The Legal Fees?

Usually, in no win no fee claims, the losing side – often an insurance company or another party at fault – covers your legal expenses if your claim is successful. Here’s how it works:

  1. If you win your case, it is common practice for the opposition to handle a large portion of your legal expenses. 
  2. On the off-chance that the tide turns and the verdict isn’t in your favour, rest easy knowing that you won’t have to deal with a massive bill lurking in shadows. Our ‘no win, no fee’ agreement ensures that. The specifics will be laid out clearly in any agreement you sign, so you always know where you stand.
  3. There might be other associated costs, like court fees or charges for obtaining medical records. The good news is that if we win, these often get repaid by the other side, too.
  4. We’re on this journey with you. So, our earnings come from a success fee, a fraction of your compensation. Think of it as our reward for teaming up and securing a win!

Are There Time Limits For Making A No Win No Fee Claim?

When it comes to no win no fee personal injury claims the time limit starts from the accident date. According to the Prescription and Limitation Act 1973, the time limit is three years from the accident’s date or the moment you became aware of the injury. While three years might seem generous, the time slips by without you noticing when you are recovering from injuries or dealing with the aftermath of the accident.

However, there are exceptions where you can get more than three years time. For instance, if the injured party is under 16, the countdown usually doesn’t begin until their 16th birthday. Similarly, in cases involving mental incapacity, different rules might apply.

What’s key is not to wait. If you think you have a claim, reach out sooner rather than later. It’s not just about acting within the rules; it’s about getting you the justice you deserve while the memories are fresh and evidence readily available.

Can I Claim On Behalf Of Someone Else?

The short answer is yes; you can claim on behalf of someone else under specific circumstances. For instance:

  1. For Minors: Children can’t legally represent themselves. For the young ones under 16 who face an unfortunate accident, a responsible adult – be it a parent, guardian, or relative – can step in. They act as a ‘litigation friend’; they represent the child, ensuring decisions made are in the child’s best interest.
  2. Mental Incapacity: When a person can’t make decisions due to mental incapacitation, be it from an injury or an existing condition, a trusted individual can step in to claim on their behalf.
  3. Fatal Accidents: Sadly, sometimes accidents are grave. If a loved one passes away due to their injuries, family members or dependents can make a claim on their behalf.

Are There Exceptions To Making A No Win, No Fee Claim?

Navigating the world of “No Win No Fee” claims might seem straightforward, but like many avenues in life, there are occasional twists and turns. While “No Win No Fee” agreements have been a beacon of hope for many, ensuring access to justice without the upfront costs, there are situations where they might not apply.

  1. Complex Cases: Some particularly intricate cases, perhaps those with a tangled web of evidence or unprecedented legal issues, might be deemed too risky for a standard “No Win, No Fee” arrangement.
  2. Non-Personal Injury Claims: While “No Win No Fee” is prevalent in personal injury cases, other legal areas, like property disputes or family law, might not always offer this option.
  3. Financial Means: There are times when if an individual has substantial financial means, they might be expected to fund their case in a different manner.
  4. Outside Jurisdiction: Cases occurring outside of our home turf or under a different legal system might not always be eligible for these agreements.

How Do No Win No Fee Solicitors Scotland Make Money?

By taking a claim on no win no fee basis, personal injury lawyers Scotland essentially place a bet on themselves. They’re confident in their skills and believe they can win the case for you; here is how they get paid. 

  1. Success Fee: When they do win, these solicitors take a part of the compensation as their reward, known as a “success fee.” This fee is pre-agreed, so you will not be surprised.
  2. Insurance: If the case looks risky, solicitors might recommend an insurance policy. If the claim doesn’t go as planned, this policy covers costs, ensuring the solicitor isn’t left out of pocket.
  3. Losing Cases: Let’s be honest; nobody’s perfect. If the solicitor doesn’t win, they don’t get their fee. Hence, they’re extra motivated to only take on cases they believe have a strong foundation.

When making a no win no fee personal injury claim, always have a clear chat with your solicitor about fees. Clear communication today can save you from confusion tomorrow.