One of the most common concerns people have after an accident is how they will pay for legal representation.
Many people worry that making a personal injury claim will involve legal fees, court costs or unexpected expenses. Others are concerned about what happens if their claim is unsuccessful.
The good news is that, in most cases, you will not need to pay anything upfront to pursue a personal injury claim with Jackson Boyd.
It is worth noting that different funding arrangements and considerations may apply to clinical negligence claims. If your claim relates to medical treatment, our team can explain the funding options available and advise on the most appropriate arrangement for you.
Do I Have to Pay Anything Upfront?
In most cases, no.
If you instruct Jackson Boyd to pursue a personal injury claim on your behalf, you will not normally be required to make any upfront payment.
Before we begin acting for you, we will discuss your funding options and explain exactly how your claim will be funded so that you understand the position from the outset.
Do I Have Legal Expenses Insurance?
Many people already have legal expenses insurance without realising it.
This type of cover is often included as part of:
- Motor insurance policies.
- Home insurance policies.
- Some bank account packages.
- Certain credit card benefits.
Legal expenses insurance can often cover the cost of pursuing a personal injury claim, including solicitors’ fees, outlays and other associated costs.
If you have legal expenses insurance available to fund your claim, you will usually retain 100% of your compensation.
If you are unsure whether you have this type of cover, we can help investigate this at the start of your claim.
What Happens If I Don’t Have Legal Expenses Insurance?
If legal expenses insurance is not available, we can usually offer funding through our funding partner, Collaborate.
This allows your claim to be investigated and pursued without the need for you to pay legal fees or outlays upfront.
In return, a success fee will be payable if the claim succeeds.
Importantly, the success fee is agreed at the beginning of the claim, meaning you know exactly how the arrangement works before deciding whether to proceed.
What Is a Success Fee Agreement?
A success fee agreement is often referred to as a “no win, no fee” arrangement.
Under this type of agreement, a fee becomes payable only if the claim is successful.
At Jackson Boyd, the terms of the agreement are explained clearly at the outset of your claim so that you understand how the claim is being funded and what will happen if your claim succeeds.
We believe funding arrangements should be transparent and straightforward, with no unexpected changes during the course of the claim.
What Are Outlays?
Outlays are the costs incurred in investigating and pursuing a claim.
They can include:
- Medical records.
- Independent medical reports.
- Expert reports.
- Police reports.
- Court fees.
- Other evidence required to support the claim.
Depending on the complexity of a case, these costs can quickly become significant.
Where a claim is funded through Collaborate, these outlays are covered as part of the funding arrangement, allowing your claim to be properly investigated without you having to meet those costs yourself.
Are There Any Hidden Costs?
No.
At Jackson Boyd, we believe clients should understand exactly how their claim is funded before any work begins.
Whether your claim is funded through legal expenses insurance or a success fee agreement with Collaborate, the funding arrangement will be explained to you clearly at the outset.
We do not believe in hidden charges or changing funding arrangements halfway through a claim.
What Happens If My Claim Is Unsuccessful?
This is understandably one of the most common questions clients ask.
If your claim is funded through Collaborate and is unsuccessful, you will not pay the agreed success fee.
We will explain the funding and costs position fully before your claim begins so that you understand exactly where you stand.
What Are Adverse Expenses?
In Scotland, if a court action is raised and a claim is unsuccessful, the court may order the losing party to contribute towards the legal costs of the successful party. These costs are known as adverse expenses.
However, personal injury claimants now benefit from important legal protections. In many cases, claimants will not be responsible for an opponent’s legal expenses if their claim is unsuccessful.
We will explain any potential costs risks at the outset of your claim so that you understand exactly where you stand.
Will I Keep All of My Compensation?
That depends on how your claim is funded.
If you have legal expenses insurance, you will usually retain 100% of your compensation.
If your claim is funded through Collaborate, an agreed success fee will be deducted from the compensation recovered.
The important point is that this is explained and agreed at the beginning of your claim, so there are no surprises when your case concludes.
Why Doesn’t Jackson Boyd Simply Charge Me Directly?
Personal injury claims often require significant work and can involve substantial costs before a settlement is reached.
Funding arrangements such as legal expenses insurance and success fee agreements allow people to access specialist legal representation without having to fund those costs themselves as the claim progresses.
This means you can focus on your recovery while we focus on pursuing your claim.
How Jackson Boyd Can Help
Our specialist personal injury lawyers represent clients across Scotland in road traffic accident, employer liability and public liability claims. Learn more about our Personal Injury Services.
