Personal Injury Claims in Scotland are governed by a number of different principles. It is also important that the injured party be sufficiently compensated for their losses before pursuing the claim. However, it is the responsibility of the claimant to provide sufficient evidence of damage and injury to enable them to succeed in their claims. The Scottish law allows the injured person to recover damages even if the damage was caused due to another person’s fault.
There are certain pre-action protocols that must be followed in order to make a successful Personal Injury Claims. You can use our personal injury claims Scotland calculator to get an estimate of how much you can claim. The protocol can vary according to the type of injury claimed for. An accident where the damage was caused because of the negligence of another party is known as a contributory negligence claim.
In order to make a claim for compensation, you will need to collect evidence for an accident and get a medical examination on the accident site. If the injury resulted from a motor vehicle accident, the insurance provider will usually require you to obtain an official report from a medical practitioner, describing your injuries and describing the circumstances of the accident.
Seeking Advice
It is important to obtain legal advice and representation during the personal injury claim process. The solicitor who represents you will determine the effectiveness of your injury claim. If awarded, they will work with you to ensure that your compensation claim is calculated properly. Solicitor’s fees can be awarded on successful claims.
The solicitor’s fees will not be awarded if the claim is unsuccessful. Many solicitors’ fees are awarded on successful injury claims, meaning that the claimant does not have to pay any costs if the case is won. Commonly, special damages are awarded for mental and emotional trauma inflicted by the accident. This could include depression, stress, anxiety, and loss of employment opportunities.
Common injuries may include whiplash, back pain, arthritis, asthma and fibromyalgia. When you apply for a claim, you must provide a medical report from a doctor that details the nature and cause of your injuries. The Scottish government has legislated that the scale used to calculate personal injury claims must take into account all relevant factors, such as severity of injury and impact on day to day living. Each category of injury will have a different fee basis, which means that those with more severe injuries will pay less in a fee basis than those who have relatively minor injuries.
The Scottish law allows personal injury victims to make a claim for the price of any future care needed. This could include physiotherapy lessons. The amount of future earnings reduced due to ill-health will also be taken into account. If a claim for compensation is made and no gain is received, the court may make the total amount available to the personal injury victim compensation. As with other areas of law, it is essential that you speak to a qualified solicitor who can advise you on the correct procedures and the exact nature of any claim that you make. Any solicitor will tell you that they must first carry out investigations before giving you any advice, and that they must follow the law in Scotland and consult the courts in relation to any legal action.
No win no fee claim providers are becoming increasingly popular with the personal injury claims process. To apply, you simply fill in a form that details the type of damage you have suffered as a result of an accident and then submit it along with the relevant documents to the solicitors. Many solicitors will then carry out the necessary investigations before referring your claim to the courts. They will inform you if they are confident that they can support your claim. There are many solicitors around who are happy to offer this service, but you need to ensure that you go through their credentials to make sure you get good value for money.
