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Do you Have a Personal Injury Claim? A No Win – No Fee Checklist

February 13, 2019 Personal Injury Claims

The consequences of suffering a personal injury or accident can be so much more than physical. The impact on your income and finances can be substantial and extremely stressful. It is therefore understandable that many people wish to pursue a legal claim with the hope of being rewarded a significant financial sum, referred to as damages, in recognition of their suffering.  The law in Scotland no longer provides legal aid for such claims and unfortunately the legal process can be particularly expensive. There is however another option available known as No Win – No Fee.

No win – No Fee has become a well-known phrase in recent years. But what exactly does it mean?

At we like to say, “it does exactly as it says on the tin”. There are no upfront costs or ongoing legal fees. This is unconditional and applies to every case irrespective of your income, savings or any other financial details. Your legal costs and compensation will be paid by the defendants. A conditional fee agreement will be made in advance which means that upon winning your case the solicitors will take what is known as a ‘success fee’ from your compensation award.

In the unlikely event that your case is unsuccessful, there will be no fees or costs owed at all. No matter how long the claim lasted or how many hours of practise was involved.

Each case is pre-assessed on its individual merit and a solicitor will only take on a case if they genuinely believe it to have a good chance of being successful. Our solicitors at Jones Whyte Law have legal expertise and experience in this area along with the dedication required to ensure your claim is pursued with the lowest risk and highest prospects of success. If you are interested in finding out how much your claim maybe worth visit our sister brand, .

There is a strict time limit on when a claim must be pursued in the Scottish Courts. You must have started court proceedings within 3 years of having the accident or being aware that you have sustained an injury.

Where your claim will be heard will depend on the financial aspect of the claim itself. For example, if your claim exceeds £5,000 or you are claiming for a workplace injury exceeding £1000 then your case can be heard in the specifically designed Sheriff Personal Injury Court (SPIC)

Claims over £100,000 will be heard in the Court oF Session. All other claims can be heard in local Sheriff Courts.

Many people worry about evidence requirements in personal injury claims. The most common question asked include, “Will I need medical certificates”, or “Do I need photographic evidence”.

Types of evidence used in the Scottish Courts vary and can include the above mentioned tangible items, such as medical evidence and photographs etc.  However, evidence can also include witness statements and other oral types of evidence.

To help ease the burden, our Solicitors at Jones Whyte Law offer complete assistance in all areas of your case including guiding and assisting you with all evidence related issues. All your questions will be answered, and our expertise ensures your case will be expertly prepared for all court procedures.

Many people want to know how much compensation they are likely to be awarded. This is very understandable and at Jones Whyte Law we can appreciate that your time is valuable, and that most people today simply cannot afford to waste significant amounts of time on something that may reap very little rewards. Our solicitors can expertly advise you on an estimated compensation award to ensure your expectations are realistic and to prevent any feelings of false hope.

It is very common for people to be slightly apprehensive about the length of time legal proceedings may take. Although it is known that the legal system can sometimes be a lengthy process, the Solicitors at Jones Whyte Law and their team of legal experts will ensure that the claims process will be carried out as quickly and effectively as possible.

The option of settling out of court is known as a ‘Tender’ in Scotland. This however cannot be offered until proceedings have commenced. The time allowed for the pursuer to make a decision on any offers is not specifically set. The law merely states that a “reasonable time” shall be given for the pursuer to come to a decision.

If you choose to make a personal injury claim it is in your best interest to select a solicitor with expertise in this particular area of law. In order to achieve the best possible outcome your solicitor should also be highly skilled in manoeuvring the Scottish courts system. Our expert at Jones Whyte Law have many years of experience and success practise in this area of law. You can be confident that your claim will be handled with care, compassion and dedication.

If you or a loved one has suffered a personal injury or accident and wish to claim compensation you can contact our specialist No Win – No Fee solicitors on 0141 375 1222 or email .

Jones Whyte Law offer tailor made packages to suit your personal circumstances and financial needs. We always strive to ensure everyone is entitled to justice and our financially bespoke packages are designed to reflect this. Call us today to find out if you have a

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