Accident Compensation in Scotland - why you need some advice before accepting a speedy offer
If you have been involved in an accident, usually a road traffic crash, where another vehicle has been involved, it is likely that you will have been in contact with your insurers. There is also a very high chance that the other parties insurers, will have been in touch with you. Be aware, a common tactic employed to reduce the third parties insurer’s liability is by offering you a quick settlement for your loss and injuries.
It is important for someone who has been hurt in an accident to receive independent advice on what their options are and be given guidance on how much is an accepted amount of compensation that they should expect to receive after sustaining injury in an accident which was not their fault. This compensation is the legal redress to put the person who is not at fault back to their pre-accident position as a financial settlement.
It is however common practice for the insurer, or some legal panel solicitors, who are responsible for paying the damages caused by the third party at fault to try every trick in the book to under settle the claim. Digby Brown has countless cases where clients have been offered very low sums, many of which are before any medical evidence is gathered to deliberately under settle the claim. You as the innocent party do not know that the offer given, usually within a short time of the accident is not fair. Imagine going to the supermarket where none of the goods have a price tag and you have to rely on the honesty of the shop not to overcharge you. Without knowing the market, it becomes very difficult to judge what is or what isn't fair. This tactic is widespread, relying on speed and vague threats, of take it or you may receive nothing. Any offer which is made extremely quickly and or does not involve assessing the level of injury by means of medical checks is likely to be considerably less than fair.
At Digby Brown we prepare every case thoroughly to ensure your best interests are considered at all times. We will never take on a case with either seeking medical examination or receiving a report from your Doctor or Hospital - without this evidence no personal injury can be truly valued.
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No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
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