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Although almost identical in regards to actual compensatory payouts, making a claim for compensation in Scotland does have certain differences in both approach and in procedure over the legal setup in England and Wales. You will generally have to obtain the services of a Scottish solicitor, that is one that has been trained and completed their law studies in Scotland, they don't always have to come with a Scottish accent.
The main difference is in relation to fees. In England and Wales a solicitor will obtain their fees from the third party plus any other running costs associated with the case. In Scotland, the legal fees are paid from the compensation awarded to the accident victim. This is normally a fixed percentage that is agreed upon at the start of any case. As is the case south of the border, most solicitors in Scotland will offer a no win, no fee arrangement - also known as a conditional fee arrangement - whereby should the law firm providing the legal service not win your case you will not be liable for any fees.
These fees are not always applied in every case so check with your solicitor whether they are asking you to agree to this conditional fee arrangement because they are unsure of whether they will be able to recover their fees from the other side or whether they are fully aware that such will be impossible. To cover themselves, many law firms will have a mandate to charge a conditional fee on compensation payouts whether the fees are recoverable or not as a sort of commission. This is normally applied to the more risky cases such as medical negligence. If you feel that the legal advisor you are speaking to does not seem completely sure of the chances of your case it may be beneficial to seek out a specialist in your type of case. Despite the fact that cases like medical malpractice have a much lower success rate there are many firms that specialise in this, and other, injury compensation claims.
You do not have to use a local solicitor to process your claim. However, if you are making a claim against someone local such as your council for a slip, trip or fall then local knowledge can assist in the speed at which your claim proceeds and is settled. Using a reputable local solicitor may demonstrate to the third party that such claim is most likely not frivolous and is therefore one that can proceed and be investigated without much effort.
From Aberdeen to Glasgow and Edinburgh to Inverness, there is no shortage of firms to choose from and the decision should be made easier due to the claims process in Scotland. There is a much lower number of claims management firms in Scotland as opposed to England and Wales because of the toughness on legal fee reimbursements. This means that the majority of the time the firms you see advertised on the television and the Yellow Pages are actual law firms so the advice you can receive over the phone will more likely be from an actual trained legal professional rather than a call centre. Don't feel embarrassed to ask the person on the other side of any call whether they are qualified to provide legal advice if you feel they are trying to provide you with answers before you speak to an actual solicitor. Bad initial advice can be just as much a downfall to any accident compensation claim than any other cause.
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