When asked about his nationality, legendary Scottish fiddler, Johnny Cunningham, liked to tell people that he was half Scottish and half Irish. This explained, he said, why half of him wanted to drink all the time and the other half never wanted to pay for it. Everyone prefers a free option if it’s realistic… …and cost is one important aspect of personal injury compensation claims. What is it that personal injury clients want? In many cases they will say that it’s about “justice”. It’s the principle of the thing. In practice, what this boils down to is questions about how much your claim is likely to be worth and how long it is all likely to take to get justice for you. From the solicitor’s point of view, the main question tends to be: “Is there a claim?” - Will we be able to prove someone caused your injury by negligence? And, of course, another important question you’ll have is: “How much is it going to cost me to get help from this solicitor? Cost Continue Reading
Reducing Success Fees paid by Scottish personal injury claimants
Success fees are the “hidden cost” of personal injury claims. They reduce the amount of compensation you receive from a personal injury claim after that compensation figure has been fixed and paid. Success fees are fees that are paid out of compensation (awarded or agreed) by successful personal injury claimants to their solicitors or claims management companies under a success fee agreement. In this article, we will look at how the Scottish Government wishes to regulate the maximum levels of success fee that can be charged – to provide a better financial outcome for injured people than they often get at present. First of all, in order to understand the context in which this is all happening, we need to look at wider changes that will soon affect Scottish personal injury claims. The Scottish Government intends to change the way personal injury claims are run in Scotland. This follows similar changes brought in in England and Wales. One big proposed change is to reduce Continue Reading
Why a personal injury element is essential to a no win-no fee claim
Or, to put it another way, why don’t pure property damage claims work no win no fee? Dealing with motor insurers can be a frustrating process. This article was prompted by a question via the Grigor & Young website. The person making the enquiry said of their dealings with the third party insurers: It is an ‘online’ process and one is left for long periods of time on the telephone (twice my phone has run out of power from being fully charged) while trying to get a response. The enquirer had been involved in a road traffic accident that was not their fault. Their car was damaged and needed repairs. The car belonged to one of their parents. They were insured to drive the parent’s car through their comprehensive insurance on their own car. Ordinarily, in a “comprehensive” scenario, you may well choose to claim under your own policy (even if the accident was not your fault) because you have a contract with your insurers. You have more control. You have more clout if Continue Reading
FAQs about After the Event Insurance and Speculative Fee Agreements
Given the way we deal with personal injury claims on a ‘no win- no fee’ (or ‘speculative’) basis at Moray Claims / Grigor & Young, we have to have ‘After the Event’ (‘ATE’) insurance in place. ATE insurance is “after the event” in the sense that your accident was the “event”. If you did not have any ‘Before the Event’ insurance in place (e.g. legal expenses insurance included as part of your house contents insurance) and you do not qualify for legal aid, we need to find another way to insure against the risk that your claim will be unsuccessful and a court makes an award of costs/expenses against you. ATE insurance insures against that risk of adverse costs. In this article, we will consider three questions related to ATE insurance and the speculative fees agreement we get you to sign in conjunction with the ATE insurance. Continue Reading
How Does Your Personal Injury Solicitor Make Money If They Do Not Charge You Anything?
One of my favourite rock bands is the Canadian trio, Rush. I have seen them live in concert 5 times between 1981 and 2013. They were inducted into the Rock ‘n’ Roll Hall of Fame in 2013, having released their first album as long ago as 1974. By 1976, Rush were about to release their fourth album. Their previous LPs had been relative commercial failures. And so their record label encouraged them to ditch the ‘concept album’ format – with whole sides devoted to a single theme or story – which they had followed for albums 2 and 3. In fact, they stuck to their philosophy. Side 1 has the 7-part suite of the album’s title, set in a musically intolerant world, now less than 100 years in the future. 2112 (“Twenty-one Twelve”) went on to become arguably their most famous record; it was certainly their breakthrough. The final track on Side 2 is called ‘Something for Nothing’ and has the chorus: You don't get something for nothing You don't get freedom for free You won't get Continue Reading
Personal Injury Lawyer In Moray (How To Focus Your Search For A Solicitor)
If you live in Moray or have been injured in an accident which happened in Moray, here are some factors to consider if you need to choose a solicitor to help you with a personal injury claim. Are you going to use a local solicitor or one who is at a distance from you? A Moray solicitor will have local knowledge, which could be useful and give them an advantage over someone who is not based in the area. For some types of accident - for example, pavement tripping accidents - it can be crucial for someone (often, the solicitor!) to visit the locus of the accident as soon as possible after the accident in order to take photographs and make measurements. A local solicitor is going to be better-placed to carry out such work. Or maybe not. Google Streetview and other free online tools mean that a virtual visit to a locus is often possible and this may be sufficient, depending upon the type of accident. So, it may not be essential to have a local solicitor to deal with your Continue Reading
How Much Does A Personal Injury Claim Cost?
Your solicitor’s aim is to maximise the amount of compensation you receive for your injuries and other losses. The “top line” value of your claim needs to be as high as possible, but that’s not all. You also want to try to reduce the amount you will lose in having to pay legal fees from your compensation. For most people who become a personal injury client of Moray Claims / Grigor & Young, you pay nothing to us out of your compensation. In other words, you receive your damages in full, without any deduction. In a minority of cases, though, a deduction does apply. So , how much does a personal injury claim cost? And how can you minimise what you will have to pay out of your damages? As we will see, it can mean the difference between receiving 100% of your compensation and only 80% - and the reduction has nothing to do with contributory negligence. Putting it another way, how would you feel if your claim settled at £75,000 and you only received £60,000 when, Continue Reading
After the Event Insurance (Crucial for No Win–No Fee Personal Injury Claims)
After the Event Insurance is needed to protect you in case you lose your no win-no fee claim After the Event (ATE) insurance is where you take out an insurance policy after a legal problem or dispute has arisen in order to protect you against the risk of having to pay the other side’s legal costs if you lose. Why is this type of insurance important for “no win-no fee” personal injury claims? The difference between winning and losing your claim We have seen how your solicitor will get paid for their work for you on a no win–no fee arrangement if they are successful in getting personal injury compensation for you. It’s one thing to look at a winning scenario but it’s also important to be alive to the possibility that your claim might not succeed. What then? No win–no fee means you won’t have to pay anything to your solicitor for their work, if you lose. However, you could be at risk of having to pay other costs if things don’t work out in your favour. Under no win–no fee, failure Continue Reading
How A Minute Of Tender Can Destroy Your Personal Injury Claim
A Minute of Tender can be an effective weapon in a Scottish personal injury court action A Minute of Tender is a device used in Scottish personal injury court actions which can undermine – and, at worst, destroy - your claim for compensation. For that reason, it is worthwhile understanding how Minutes of Tender work. So, firstly, we need to go back a bit – to before the court action. When will you need a court action? If your personal injury claim cannot be settled by negotiation, you will have to raise a court action. Generally, for that to happen, your solicitor will have to assess that your claim has a better than 50/50 chance of success. In the worst case, the dispute will be about whether you should get any compensation at all. A less serious problem is where it is just the value of the claim which cannot be agreed. In other words, there is agreement that some compensation should be paid but the opposing insurers are not offering a reasonable amount. How Continue Reading
How Your Solicitor Gets Paid No Win-No Fee in Scotland
[EDITOR'S NOTE: Some of the content of this article has been superceded. The Voluntary Pre-action Protocol referred to is now a Compulsory Protocol (from November 2016) but we have left this article in place because it provides a useful reference point back to the previous system for comparision purposes]. If your solicitor takes on your personal injury claim no win – no fee then it means you will have nothing to pay if the claim does not succeed. But how does the solicitor get paid if the claim is successful and you receive compensation for your injuries and other losses? Your solicitor will have a written agreement with you about how fees are to be calculated if you win your case. This is called a Speculative Fee Agreement. Often, it will provide for charges at an hourly rate and it may even cover what is known as a “success fee”. This is an additional percentage that can be charged to the hourly rate in certain circumstances – usually if the claim was higher risk or more Continue Reading
Legal Expenses Insurance: one method of funding your personal injury claim
If you have had an accident and been injured, you may have insurance cover for the cost of instructing a solicitor that you didn't even know you had. Most of us hold some form of insurance - household (buildings or contents), medical, car, holiday - the list is endless. Many such policies have Legal Expenses Insurance (LEI) as an add-on, often buried in the small print. If you need to make a personal injury claim following an accident, LEI is one way of funding your claim. Others are "no win - no fee" and, in Scotland, Legal Aid. There can also be similar cover through bank accounts, credit cards and bank / organisation memberships. Some of us at Moray Claims / Grigor & Young are members of the Association of Personal Injury Lawyers (APIL) and they have produced a helpful downloadable pamphlet which includes discussion about these issues. How we can help We can help you determine whether this type of funding - or any of the others - would be available to help you Continue Reading