Anatomy of a Personal Injury Claim
If you have been injured as a result of somebody else’s fault or negligence, the last thing you need to be dealing with is the complexity of making a claim for compensation or “damages”.
At Macleod & MacCallum, we aim to make the process as easy as possible for the injured party or, in the case of a person who has been fatally injured, their family members. This normally involves a six-step process, as follows:
1. Initial fact find: You will meet with a lawyer, almost always the same lawyer who will take your case forward for you. We prefer a face-to-face meeting, but we are happy to meet by video-conference or even by telephone. We can usually get all of the information we need to get to stage 2 at the first meeting but in some cases, it may be necessary to do some follow up investigation, which we will explain to you.
2. Intimation of claim: Once we have all of the information we need to make an informed decision on the facts of the case and who is at fault, we will send a letter to the negligent party (or their insurers). This triggers a set of time limits for acknowledging your claim and carrying out investigations. The other party is legally permitted up to 3 months to complete any investigations.
3. Medical investigation: If the other party accepts fault, we will instruct a medical report by an independent expert to prove the effect(s) the injury has had on your health and your abilities to carry on with your life. Even if the other party does not accept fault, we may be able to proceed with your claim, seeking insurance cover for the cost of the medical report. We would advise you on this if necessary. If the other party refuses to accept fault, we may require to raise court action at this stage.
4. Other investigations into the losses you have sustained: This step can begin at any stage, and we will likely cover it with you at the first meeting. We will require to disclose evidence about any lost income, damage to property or possessions, private treatment costs and other losses you may have sustained to the other party.
5. Negotiation: Most of the claims that we take forward to step 3 (above) will settle by negotiation with the other party, as opposed to going to Court. Every case is different, and we provide advice on negotiation strategy tailored to your individual circumstances and the investigation evidence we have obtained for you.
6. Court: Statistically, most cases do not get to this stage but, if your case does, you can rest assured that we have the expertise to advise you on the best course of action. We can often raise proceedings in a Sheriff Court near to your location or in one of the specialist Personal Injury Courts located in Edinburgh.
These steps apply to the majority of cases. Some cases are more complex than others and can involve additional work. In every case, we aim to keep you updated throughout the process and we will endeavour to accommodate any specific requirements you have.
In most personal injury or fatal injury claim cases, we are able to act for you on a no-win, no-fee basis. This means the claim should not cost you anything unless you are successful. If applicable, we will provide you with full details on this before you commit to pay us anything – or ask us about this at the free, initial meeting.
If you think you might have a claim for personal injury, contact Graham Laughton or call 01463 239393 to arrange a free, confidential, no-obligation consultation.