What Will It Cost To Make A Personal Injury Claim?
If you are involved in an accident, whether a road or work accident or some other type of accident, it is an upsetting experience.
This is only made worse where you are injured.
You may find that your injuries mean you are not fit enough to work for a period of time which, in itself, can lead to financial problems.
In addition, you may need treatment to help you recover from your injuries, also leaving you out of pocket.
These days, though most people are aware that making a compensation claim for injuries is a possibility, for many, the potential costs are a worry and just another problem to add to your pain from your injuries and your uncertain financial position.
Fortunately, there are a number of different ways you can make a personal injury claim, without having to pay anything to us, as your solicitors, up front – or even at any stage.
Our aim in every case through Moray Claims at Grigor & Young LLP is to provide local advice from specialist, accredited solicitors in such a way that your personal injury claim is free if it fails, and costs you no more than 10% of your compensation if it is successful (and sometimes even then will cost you nothing).
In other words, where your claim is successful, it is possible that you will receive your compensation in its entirety, without any deductions. To find out how a “free of charge” service is actually possible, read our article How Does Your Personal Injury Solicitor Make Money If They Do Not Charge You Anything?
The main disctinction is between claims we handle under legal aid (where you will receive 100 per cent of your compensation, if the claim is successful) and claims we handle “no win-no fee” (where the usual outcome is that you will lose 10 per cent of your compensation to pay a “success fee”).
It is worth investigating these potential personal injury claim costs, before deciding whether to make a claim.
Your options through Moray Claims at Grigor & Young
- No win – no fee
- Legal Aid
- Legal Expenses Insurance
1. No win – no fee
This is also known as making a claim on a “speculative” basis.
You will probably be familiar with this from the numerous advertisements on daytime television and local radio.
The first thing to note is is that if you win your claim some of your legal fees will be paid for by the opponent (or their insurers). In some cases, all of your legal fees will be paid.
The opponent will also pay you compensation for your injuries and to cover in addition any expenses you have incurred as a result of your injuries.
In no win-no fee cases, solicitors are allowed to charge a “success fee” if the claim succeeds. This is a bonus, if you like, to reflect the risk that the solicitor has taken in running your case in such a way that, if it failed, they would not get any payment for their work at all.
Success fees are now regulated by legislation in Scotland and the maximum percentage allowed is 20 per cent. In other words, if you have claim that succeeds and £50,000 is the compensation agreed (or awarded by the court). You would receive 100 per cent less 20 per cent – so 80 per cent of the value of the claim – in your hands. In other words, you would lose £10,000 (20 per cent) from the £50,000 (100 per cent) and be left with £40,000 (80 per cent) in your hands.
At Moray Claims at Grigor & Young, on the other hand, we usually restrict our success fee to 10 per cent. In the example immediately above, that means you would receive £45,000 in your hands rather than only £40,000.
If you lose your claim following the raising of a court action, you might expect that you would be responsible for the legal costs of the winning party. With court costs, “loser pays” is the usual rule but it is not the usual rule for personal injury claims. Qualified One-way costs shifting means that, in most Scottish personal injury cases, you will get compensation plus court costs if you win but, if you lose, while you won’t get any compensation, you also will not have to pay any costs to the other side.
If your claim is unsuccessful, your solicitor will not ask for any payment for their work on your claim either which means you are completely protected when making a personal injury claim.
See many more articles on our website about Legal Expense Insurance,, which explain about the operation of ATE insurance (and its relative, BTE – Before the Event – insurance, for which, see more below).
2. Legal aid
This is still available for personal injury claims in Scotland, depending on your means.
We are happy to take on claims for personal injury compensation under legal aid.
If your claim is successful under legal aid, you will always receive 100 per cent of your compensation. Success fees are not allowed under legal aid.
There are numerous articles on this website about aspects of civil legal aid and personal injury claims.
3. Legal expenses insurance
If you hold some form of insurance – for example, household (buildings or contents), medical, holiday, car – many such policies have Legal Expenses Insurance (LEI) as an add-on
Quite often, you will not even be aware that you have this sort of cover. It is also known as “Before the Event” Insurance.
Similar cover can also sometimes be available through bank accounts, credit cards and bank / organisation memberships.
How we can help you
It is important to speak to a specialist solicitor if you have been injured in an accident to find out if you can make a claim for compensation.
Contact us on 01343 544077 or send us an online enquiry, if you have any question at all about a possible personal injury claim.
All initial discussions are free of charge and without obligation on your part.
We are always keen to help in whatever way we can.
