Macleod and MacCallum in Inverness reveal their top tips for filing a personal injury claim

Macleod and MacCallum have served clients across the Highlands and Islands of Scotland for over 60 years, with one of their specialties being personal injury claims.

One of our Directors, Graham Laughton said: “Personal injury is an umbrella term, which includes claims involving injuries or death so if someone has died following an accident, then that would also fall within the term of personal injury.”

For accident and injury claims we do not charge a client any fee at all unless there is a successful claim. This means that if a client has an injury and just wants to know if there is a chance if they could make a successful claim against someone, they can call us safe in the knowledge that we will not charge for that initial advice.

When talking about the most common injury claims we oversee, Graham said: “The main types are motor liability or car accidents, employers liability, which is actions in the workplace, and public liability, which could be an accident in a supermarket, hotel, on the pavement or main road if you’re a pedestrian.

“It can include things like diseases, for example if a disease has been acquired through exposure to substances at work. Some people would regard medical negligence as a subset of personal injury, but I would say it is a specialised field on its own now.”

While preserving evidence promptly when making a claim is desirable in most cases, this has to be balanced against the immediate needs of the injured or bereaved person. We aim to make the process as stress free as possible for our clients, so they don’t have to do anything particularly proactive in the case until they are ready.

Graham said: “I think there is a balance to be struck here. The preservation of evidence is the main reason for acting promptly, but I am often approached by clients who have been approached by a claims company, and feel pressured into taking action before they’re ready.”

“That could be because they haven’t recovered due to a serious injury that is going to take a while to improve and they don’t want to start the claims process until at least they know what their outcome is going to be.”

“Or, it could be a relative of a deceased person who is still grieving and in either of those situations I usually try to find a way to progress their case without having them do too much until they have got past that point where they feel ready to proceed.

“So, preserving the evidence and getting a solicitor on board to do that is important, but that doesn’t necessarily mean that you have to march on with the claim before you’re ready.”

He added: “The vast majority of cases are subject to a three-year time limit, so it is rare that there would be any particular harm to a case if you were to wait six months before starting the claim off.

“There are some cases where you don’t need to worry too much about preserving evidence, like a serious car accident where the police have attended and carried out detailed investigations. In that instance, most of the evidence will have been recorded – and we can gain access to it in many cases.”

Once we attain all of the information and know who we are dealing with in terms of the opposing side, there will be a negotiation, which if it succeeds then the case doesn’t proceed to court.

Graham said: “One thing that I think is always a temptation for clients is to withhold information which they think isn’t helpful to their case and I try to encourage clients by telling them that anything they tell me as their solicitor is confidential and it won’t go any further, unless we want it to.”

“There are good facts and bad facts, but as the lawyer representing a client, you usually need to know both in order to get the best result.

“The good facts are the ones we use to try and win the clients case with and the bad facts are the ones we need to be aware of in order to give our clients appropriate and strategic advice on how best to manage their claim.

“It is really important for a client to give accurate information.”

Macleod and MacCallum pride ourselves on having a smaller team as opposed to some law firms that might have a less intimate and accountable approach with their clients.

Graham added: “I think what clients appreciate most is having one or maybe two contact names, rather than being passed from pillar to post as they are in some other firms.”

In terms of practical advice for those who have endured an injury and need to protect their rights thereafter, Graham said: “It is never too soon to speak to your lawyer and if you have had an accident and need advice on it, call or email us.

“Even if you’re not ready to go ahead with a claim, but you just want to have a lawyer there on standby, then get in touch.

“Other than that, do what is normal or natural. If you are in pain, seek medical advice, keep good records of any action taken as a result of the accident, and if there are any other aspects of your life that are being affected by the accident then just keep good records of the impact it has had.”

Those in need of help with a personal injury claim, tailored client advice and a trustworthy local firm who are familiar with the Highlands and Islands, then contact us today.