If an insurance company won’t settle your personal injury case, and we consider that you have a good chance of winning, then we will advise you to raise a Court action.
We have all the relevant Scottish expertise and knowledge to guide you on taking this step.
We can advise you on how to fund a Scottish Court action. We operate on a no win no fee basis. We can obtain insurance to protect you in relation to the other side’s legal costs if you lose and we can also explore Legal Aid.
We shall advise you in which Court the action should be raised. Scotland is fortunate to have a specialist Personal Injury Court (The All Scotland Sheriff Personal Injury Court). Specialist Judges hear the cases, and we bring hundreds of cases every year in that Court.
If your case is valued at more than £100,000, then it can be brought instead in The Court of Session. Similarly, we litigate regularly there and have expertise and working knowledge of all the relevant procedures and rules.
Sometimes we will instruct an in-house Solicitor Advocate to work on your case with your solicitor. We also regularly instruct Advocates and QCs (Senior Counsel) from The Faculty of Advocates. A Solicitor Advocate or Advocate will work on your case along with your own solicitor. We consider the best approach on a case by case basis to ensure that you have the best possible representation for the particular circumstances of your own case.
In very general terms, a Court action takes around 12 months from start to finish. It is of course open to the defender to settle your case at any point along the way, and sometimes a case can resolve shortly after a Court action has been commenced. A small number of actions are however fully defended and proceed to the final Hearing. Every case is different and we will guide you all the way. If a settlement offer is made, we shall provide full advice on what you should do.
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