Cost of making a Compensation Claim

The cost of making a personal injury claim for compensation in Scotland can be met in a number of ways:-

  • using a no win no fee agreement with a solicitor – most of the people we help have their claim taken forward under one of these
  • under the Government’s civil legal assistance scheme (which includes legal aid) – it’s worth noting that, unlike the situation in Scotland, legal aid is not generally available for personal injury cases in England
  • by having the action paid for by a union or other body that the claimant is a member of
  • under an insurance policy that was in place before the accident (this is known as before the event insurance)
  • under an insurance policy taken out after the accident (this is known as after the event insurance)
  • under a private arrangement agreed with a solicitor

English-based claims companies often advertise that “you keep 100% of your compensation whatever happens” but that rarely holds true in Scottish compensation claims because different rules apply here.

The losing party in Scotland will often pay only some of the winner’s fees and other expenses (as well as their own), leaving a shortfall that the winner needs to pay (usually out of the compensation won). That’s because a Scottish court ordering the loser to make a payment towards the winner’s costs (known as an “award of judicial expenses”) is likely to use a different basis of calculation from that agreed between the winner and his/her solicitor.

In England, the principle of “the loser pays” is given a wider application and the winner can recover more of his/her fees and other expenses than is the case in Scotland. For example, if a claim is won under English law and:-

both the insurance premium due and the success fee can be recovered by the winner from the loser. That is not the case in Scotland.

If you’re unsure about the way to fund your accident compensation claim, call us now on 0333 900 0333 to discuss how we can help or simply fill in the CALL ME box & we’ll ring you. Alternatively, you can start your claim immediately by answering a few simple questions on the CLAIM NOW page and we’ll do the rest.

Remember – Your Scottish compensation claim is best dealt with by Scottish specialists and you won’t pay a penny for our help, whatever happens.