This article offers information about the personal injury claims process. In order to have valid grounds to begin this type of claim, you should have evidence of negligence. This can involve a third party breaching the duty of care they owed you and causing you harm as a result. As we move through this guide, we will discuss the eligibility requirements that need to be met to seek compensation in more detail.
A Guide To Personal Injury Claims
There are several scenarios in which you could sustain an injury, such as in an accident at work, on the road or in a public place. Certain third parties owe a duty of care to prevent you from becoming harmed in these situations. We will explore this in more detail throughout our guide.
Additionally, we will provide guidance on the steps you can take to build your case, including the evidence you could gather and how this could help to support your claim.
Furthermore, we will explore personal injury compensation amounts and how settlements can be calculated.
Our guide will conclude with an overview of No Win No Fee agreements and the benefits of working with a solicitor in this capacity.
For more information about your potential claim, please get in touch using the contact details below:
- Call for free on 0800 073 8805
- Contact us online
- Start a conversation through the live chat feature below.
Jump To A Section
- Eligibility Criteria When Making Personal Injury Claims
- What Compensation Could Be Received From Personal Injury Claims?
- Why Is Evidence Important In Personal Injury Claims?
- Claim For An Injury Using Our Panel Of No Win No Fee Solicitors
- Read More About Personal Injury Claims
Eligibility Criteria When Making Personal Injury Claims
For personal injury claims to be valid, the following needs to be proven:
- That you were owed a duty of care by a third party,
- This duty was breached.
- You experienced physical or emotional harm, or both.
Additionally, legal proceedings need to be started within the limitation period laid out in the Prescription and Limitation (Scotland) Act 1984. This is generally three years from the accident date.
The following sections explore the duty of care certain third parties owe and how an accident could occur if it is not upheld.
Accidents In A Public Place
The Occupiers’ Liability (Scotland) Act 1960 requires parties in control of a public space to take steps to ensure the reasonable safety of those visiting the space for it’s intended purpose. A failure to do so could lead to an accident in a public place. For example:
- A customer could slip or fall on a wet floor in a supermarket because the spill wasn’t signposted or cleaned up in a reasonable time frame. This could lead to them sustaining a fractured arm.
- A customer could fall from a height down the stairs due to a broken handrail that wasn’t fixed within a reasonabel time. As a result, they may sustain a broken wrist.
Road Traffic Accidents
The Road Traffic Act 1988 outlines the need for road users to navigate the roads and operate their vehicles in a way that prevents causing harm to themselves and others. This is the duty of care they owe one another.
Additionally, The Highway Code contains rules that road users must follow. These are backed elsewhere by the law.
Examples of how a road user could breach their duty of care causing you to sustain an injury in a road traffic accident include:
- A driver may use their phone while operating their vehicle causing them to crash into the back of another car. This could cause the other road user to experience a soft tissue injury to the back and neck.
- A cyclist could experience a spinal cord injury if another driver failed to check their mirrors before pulling out of their driveway.
Accidents At Work
The Health and Safety at Work etc. Act 1974 (HASAWA) establishes the duty of care employers owe. It states that they need to take steps considered reasonable and practicable to prevent employees from becoming harmed whilst they work.
A failure to do so could lead to the following accidents at work:
- An employer may instruct an employee to use faulty equipment, such as a defective ladder. As a result, the employee might fall from a height and sustain a severe head injury at work.
- An employee may be asked to carry out manual handling tasks without being given any training. As a result, they sustain a back injury.
For more information on eligibility for personal injury claims, speak with an advisor from our team. They can offer insight into your specific case.
What Compensation Could Be Received From Personal Injury Claims?
Personal injury settlements will comprise compensation for the pain and suffering you experienced as a result of your injuries. This is awarded under general damages, with consideration given to the impact your injuries have had on your overall quality of life.
In order to calculate the value of your injuries, solicitors can use the Judicial College Guidelines by Judiciary UK to help them. This document lists guideline award brackets for different injuries. We have included some of the figures from this document in the table below. However, you should only use them as a guide.
Guideline Award Brackets
| Area of Injury | Severity | Award Bracket | Notes |
|---|---|---|---|
| Head | (c) Moderate (i) | £150,110 to £219,070 | Injuries that leave a moderate to severe intellectual deficit and impact senses such as sight and speech. |
| Neck | (a) Severe (ii) | £65,740 to £130,930 | Fractures and damage to cervical spine discs causing a disability of a considerable severity, such as permanent brachial plexus damage. |
| Foot | (e) Serious | £24,990 to £39,200 | Injuries are less severe but cause continuing pain from traumatic arthritis, prolonged treatment and the risk of fusion surgery. |
| Pelvis | (b) Moderate (i) | £26,590 to £39,170 | Although an initially significant injury, any permanent disability is not major and any future risk is not great. |
| Arm | (c) Less Severe | £19,200 to £39,170 | A substantial degree of recovery takes place, or is expected to, despite significant disabilities. |
| Back | (b) Moderate (i) | £27,760 to £38,780 | Cases in this bracket include compression or crush fractures of the lumbar vertebrae resulting in constant pain and discomfort. |
| Leg | (c) Less Serious (i) | £17,960 to £27,760 | An incomplete recovery from fractures. |
| Ankle | (c) Moderate | £13,740 to £26,590 | Ligamentous tears and fractures that cause disabilities of a less serious nature. For example, difficulty in walking on uneven ground or standing for long amounts of time. |
| Wrist | (c) Less Severe | £12,590 to £24,500 | Less severe injuries resulting in some permanent disability such as a degree of persisting pain and stiffness. |
| Knee | (b) Moderate (i) | £14,840 to £26,190 | Injuries that involve dislocation, torn cartilage or meniscus that causes minor instability or another mild future disability. |
These guidelines are often used to help value claims made in England and Wales.
Special Damages When Claiming For An Injury
Your settlement could also comprise compensation for the financial losses you experienced as a result of your injuries under special damages. For example, you could claim back the following costs:
- Loss of earnings
- Medical expenses
- Travel costs
- The cost of home adaptations
Evidence, such as receipts and payslips, could help you prove any losses.
For more information on settlements for personal injury claims, please get in touch on the number above.
Why Is Evidence Important In Personal Injury Claims?
Evidence plays a crucial part in supporting personal injury claims. It can demonstrate third party negligence as well as offer an insight into the way your injuries have affected you. Examples of the evidence you could collect include:
- A diary of any symptoms you have experienced and treatment you have received.
- CCTV footage that shows the accident.
- Photographs of the injuries and any hazards that caused or contributed to the accident.
- Copies of medical records such as, GP notes, X-rays and prescriptions.
- Witness contact details so a statement can be taken at a later date.
The solicitors on our panel could help you build and present your case in full. To find out if you are eligible to have them represent your case, get in touch using the contact details above and speak with our advisors.
Claim For An Injury Using Our Panel Of No Win No Fee Solicitors
A solicitor with experience handling personal injury claims could offer to represent your claim in a No Win No Fee capacity. This means they can offer you a Speculative Fee Agreement or Damages Based Agreement under the Civil Litigation (Expenses and Group Proceedings( (Scotland) Act 2018.
Typically, this means you won’t need to pay for the work they complete on your case at the start of your claim, while it proceeds or if it does not win.
Following the completion of a successful claim, your solicitor can deduct a success fee. This is usually a percentage taken from your compensation. However, the law restricts the amount they can take.
To find out whether a No Win No Fee solicitor could represent your claim on this basis, please speak with an advisor. To get in touch:
- Call us for a free on 0800 073 8805
- Contact us online
- Start a conversation through the live chat feature below.
Read More About Personal Injury Claims
For more of our guides:
- Read more about how to start your claim.
- Learn if you could make a hand injury claim.
For more helpful resources:
- Think! – Road Safety Laws
- GOV. UK – Statutory Sick Pay
- NHS Inform – First Aid Information
Thank you for reading this guide on personal injury claims in Scotland. If you have any questions, please speak with an advisor on the number above.
Writer Jeff Watson
Editor Meg Mochi