No Win No Fee Claims in Scotland
What is No Win No Fee?
At Thompsons Solicitors, we believe that everyone should have access to justice, regardless of their financial situation. The no win no fee arrangement is designed to eliminate the financial risk of pursuing a claim, allowing you to seek compensation without the fear of incurring significant costs. Essentially, a no win no fee agreement, also known as a Conditional Fee Agreement, means that if your case is unsuccessful, you won’t have to pay any legal fees. This approach empowers you to pursue your claim with confidence, knowing that you won’t be left with a hefty bill if things don’t go as planned.
Benefits of No Win No Fee
Opting for a no win no fee agreement comes with numerous advantages. Firstly, it removes the financial barrier to accessing legal services, making it possible for anyone to pursue a claim, regardless of their financial circumstances. With no upfront costs and nothing to pay if your claim is unsuccessful, you can proceed without the worry of financial risk. Additionally, the arrangement ensures that your solicitor is motivated to achieve the best possible outcome for you, as their payment depends on your success.
Moreover, this type of agreement provides transparency and peace of mind. The fees are agreed upon at the outset, and they are typically a percentage of the compensation awarded. This means there are no hidden costs, and you’ll know exactly what to expect from the beginning.
No Win No Fee Claims Process
When you decide to pursue a claim under a no win no fee arrangement, the process is straightforward. It begins with an initial consultation where we assess the merits of your case. If we believe your claim has a strong chance of success, we will offer to take on your case under a no win no fee agreement.
Once the agreement is in place, our experienced team will handle all aspects of your claim, from gathering evidence to negotiating with insurers and, if necessary, representing you in court. Our goal is to ensure that you receive the maximum compensation you are entitled to, and we work tirelessly to achieve the best possible result.
If your claim is successful, a pre-agreed percentage of your compensation will go towards covering the legal fees. This percentage is capped, ensuring that you receive the majority of your compensation. If your claim is not successful, you won’t pay any legal fees, making the no win no fee process a risk-free way to seek justice.
No Win No Fee Solicitors Package
Our no win no fee solicitors package is designed to offer comprehensive support throughout your legal journey. From the moment you contact us, we provide clear and honest advice about the likelihood of success in your claim and explain how the no win no fee arrangement will work in your specific situation.
The package includes everything you need to pursue your claim with confidence and without financial risk. We cover all the costs associated with your case, including court fees, expert witness fees, and other necessary expenses. If your claim is successful, these costs will be recovered from the compensation awarded. If your claim is unsuccessful, you won’t be asked to pay anything.
Our team of specialist solicitors at Thompsons has extensive experience across a wide range of personal injury claims, ensuring that you receive expert representation tailored to your specific needs. We are committed to securing the best possible outcome for you, and our no win no fee solicitors package ensures that we are fully invested in your success.
No Win No Fee Claim FAQs
Sadly, after an accident which results in personal injury there's no magic wand to turn back time and make everything better again. Injuries and illnesses can be the source of significant stress and difficulty, but a compensation claim can help victims cope. It might even bring unsafe practices to light and help to make sure that other people don't suffer in the same way.
At Thompsons, we want all our clients to have peace of mind when embarking on a compensation claim, so, in most cases, we work on a No Win No Fee basis.
If you are not entirely sure what a No Win No Fee claim is, read on and we will hopefully answer your questions. If you would like to know more, call us today and speak to a member of our friendly team.
A No Win No Fee arrangement is an agreement between you and your lawyer that means you won't have to worry about paying legal fees if your claim is unsuccessful. There will never be any hidden costs, caveats or small print – so there will never be any nasty surprises at the end of a claim.
No Win No Fee means that, whatever the circumstances, if we don't win your case, you won't have to pay a single penny – if we win then a percentage is taken out of your compensation (see below about funding a successful claim).
Our No Win No Fee package is open to anyone who has either been involved in an accident or developed an illness that is, at least in part, attributable to the actions of another party.
Thompsons represents clients from all over Scotland who have been injured in an incident of some kind – perhaps you've been involved in a workplace accident, a road traffic accident, or you're suffering from an illness caused by someone's negligence – wherever you are in the country and no matter what injuries you have sustained, our No Win No Fee package could be the perfect option for you.
Claiming compensation has the potential to be a very costly process. Personal injury solicitor fees, court fees, and expert witness fees are all expensive and can quickly accumulate to create a large bill for the claimant, even if the process runs smoothly and the case is settled fairly quickly. In cases where defendants do not admit liability, the case can become much more complex and the associated costs can quickly spiral.
By entering a No Win No Fee agreement with a trusted law firm such as Thompsons, you will know that your case probably has a reasonable chance of success, so you can move forward with confidence and focus on achieving the fair amount of compensation for your injuries. If you lose, there will be nothing to pay.
Many personal injury law firms will say they offer a No Win No Fee service, but you must exercise some caution; not all No Win No Fee agreements are the same, and not all will have your best interests at heart. Always make sure you read the small print on such agreements before signing anything.
For instance, while it may be true that you will not have to pay legal fees if you lose, you may still have to pay the cost of the outlays – which may include court fees and the cost of recovering medical records. Many will also have other hidden costs that are not made clear from the outset.
Thompsons No Win No Fee package, on the other hand, has no hidden costs, so you can be sure you're not going to run into any nasty surprises. And, unlike many other firms, the entire cost of the outlays is covered by an insurance policy. In short, making a claim with Thompsons will ensure you don't run the risk of unnecessary financial loss.
In short, Thompsons will fund your case for you. As a case progresses there are many outlays and expenses that must be paid including court fees, medical records and expert reports. Without the benefit of a No Win No Fee product or with the wrong No Win No Fee arrangement those costs must be funded by the claimant. That's how Thompsons No Win No Fee service works because we aim to guarantee presence of mind.
When you reach a settlement agreement, a small percentage of your compensation will be used to pay our fees. We will always strive to keep our fees to a minimum. It is rare that the amount we require will exceed 20% of the final award (many firms charge a flat fee of 25% of your damages) but this may occur if we are instructed to pursue the claim through a claims management company.
This is dependent on the nature of the claim. For instance, if you suffered your illness and injury as a result of an incident in the workplace, then compensation will be paid from the relevant employer's "Employers' Liability Insurance" (it is a legal requirement for all employers to have this type of insurance in place). If you're still employed by the defender, then there are a number of legal safeguards in place to protect you against unfair dismissal on the basis of your claim. If the injury was caused in a road accident, then it will be the liable party's insurer.
Sometimes, liability may be spilt, so if your employer supplied you with faulty safety equipment to wear, you may find the damages award will come from two defenders: your employer for supplying you with substandard equipment and the manufacturer for not making the equipment to specific standards.
For most personal injury cases, there is a time limit of three years from the date of the accident in which to make your claim.
If you're claiming because of an illness, the three-year time limit starts from the date you were diagnosed or when, according to the court, you knew or ought to have known that you were suffering from the illness.
There are different time limits for children who wish to make a claim because they won't be able to claim for themselves until they reach 16. Once they reach 16, no matter when the accident occurred, they will have three years from the date of their 16th birthday, to make a claim
Children can however use a legal guardian to make a claim on their behalf before they reach 16.
Yes, it's possible to claim compensation on behalf of a deceased family member as long as the claim is brought within three years of the date of death.
The pursuer dies while making a claim, the estate can continue on his or her behalf. In addition, if illness or accident for which the deceased was claiming compensation was the cause of death then certain categories of the deceased's surviving relatives may have claims in their own right, as long as court proceedings are raised within 3 years of the death. Thompsons' solicitors will offer you and your family the utmost support and guidance during this highly stressful and difficult time.
If you feel you were partially responsible for the accident, then you may be concerned that this will affect your chances of success and therefore your ability to make a No Win No Fee claim for compensation.
You may be partially liable, for instance, if you didn't follow your workplace's health and safety guidelines, such as not wearing a safety helmet, and the extent of your injury in an incident was worse as a result. If this is the case, you shouldn't let this prevent you from making a claim. Yes, the amount of compensation you're entitled to may be affected, but it's likely the majority of the blame still lies with the other party and the law will be on your side.
The other party must meet a difficult legal test before part of the blame can be placed on you. It must be proven with evidence that your own negligent actions contributed to your injury. If this can be done, then the courts will decide your percentage of liability and split your award accordingly. (So, if you're found to be 25 percent responsible, you'll receive 75 percent of the damages.)
If you have any concerns over the likelihood of success in your case, contact our solicitors. They'll provide you with honest and straightforward advice.
Conclusion
Understanding what is no win no fee and the benefits it offers can empower you to seek compensation without the fear of financial repercussions. At Thompsons, our no win no fee solicitors package is tailored to support you at every stage of your claim, ensuring you have the best possible chance of success.
If you’re considering making a claim, contact us today to discuss your case and see how we can help you secure the compensation you deserve.