The aftermath of an accident or negligence in Scotland can leave you spinning, both physically and emotionally. Add in to that the burden of proving your personal injury claim, and navigating the legal landscape, it can feel like a daunting and overwhelming task. We created this guide to help act as your compass, guiding you through the steps of building a strong case and reclaiming your well-being.
A personal injury claim is a civil legal process designed to provide justice and financial support to individuals who have suffered harm or illness due to the actions or negligence of others in Scotland. A Personal Injury claim, where successful, allows individuals or organisations to be accountable for the consequences of their behaviour. A successful personal injury claim results in a payment of damages which are designed to recognise pain, suffering and financial losses.
In bringing a personal injury case in Scotland, the person is known as the pursuer. The person or organisation defending the action is known as the defender.
The standard to succeed in a personal injury claim is based on the balance of probabilities, meaning that the pursuer must show that it is more likely than not that the harm or illness due to the actions or negligence alleged, occurred.
In a personal injury claim, the onus of proof rests on you, as the pursuer, to prove your case. This means demonstrating four key elements:
Duty of Care: The responsible party owed you a legal duty to keep you safe.
Breach of Duty: They breached a standard or failed to uphold that duty, acting negligently or carelessly.
Causation: The breach or fault directly caused your injury.
Damage: You suffered demonstrable physical, emotional, or financial harm.
Example: Craig is walking down the pavement of a main street in his local town. A vehicle mounts the pavement and hits Craig to his injury. The driver of the vehicle is at fault. It is clear to see where the fault lies in that accident. As a direct result of that driver fault, Craig has suffered physical and possible psychological injury. He would have reasonable prospects of success in pursuing a personal injury claim.
In the example, Craig can show that there was a duty of care towards him by the vehicle driver, it was breached and as a result of that breach he has been injured. As a result of those injuries he can demonstrate financial, physical and possible psychological damage. The damage is then compensated through the personal injury claim. No two injurers are the same and Craig will need his injuries expertly reviewed and a medical report(s) provided in his case.
When preparing to take forward a personal injury claim, it's essential to gather relevant evidence to support your case. The specific evidence you'll need can depend on the nature of your claim.
We may need to obtain paperwork like police reports, accident reports or training records. If available, recordings like CCTV or dash-cam footage can be helpful.
These investigations help us to prove negligence on the part of the organisation or individual responsible for your accident or injury. Along the way, we will come to you with any questions and we will provide you with updates on our progress.
We will carry out investigations into the injury or injuries that you have suffered and the effect on your life. We will recover your medical records and ask an appropriate medical expert or experts to provide an opinion about the extent of your injuries and how these have affected you physically and/or psychologically.
We will also obtain evidence to support other aspects of your claim, including things like loss of earnings and out of pocket expenses.
Strong evidence is the bedrock of your claim. Listed below are some general types of evidence commonly recovered on your behalf in personal injury claims:
CCTV, doorbell or dash-cam footage
Photographs and Videos: Take pictures or videos of the accident scene, including any hazardous conditions, involved vehicles, or other relevant details.
Witness statements: Corroboration of the accident and its impact. It is helpful for us obtain contact information and statements from any witnesses to the incident or the care and support you now require. Witness statements can, in some instances, help corroborate your version of events.
Accident reports: If applicable, obtain a copy of any incident or accident report filed with the police, employer or relevant authorities.
Photographic evidence: Pictures of the accident scene and your injuries.
Diary entries: Personal accounts of your pain and suffering, documenting emotional distress. Keep a record of your experiences, including the impact of the injuries on your daily life, pain levels, and any other relevant information. This can be useful for demonstrating the non-economic damages, such as pain and suffering.
Medical records: GP or hospital records of your injuries and medical treatment.
Medical Reports: Gather medical reports detailing the extent and nature of your injuries, treatment received, and any ongoing medical care requirements.
Bills and Invoices: Keep copies of all bills and invoices related to your treatment, support or necessary rehabilitation devices or costs. Not all losses can be recovered but we ensure that all have been considered.
Communication Records: Save emails, text messages, or any other communication related to the incident or your injuries. This includes correspondence with insurance companies, medical professionals, and any involved parties.
Proof of Damages: Document any property damage resulting from the incident, such as damage to vehicles, personal belongings, or other items
Insurance Information: If applicable, gather information about the insurance policies of the parties involved, including policy numbers, contact details, and relevant coverage information.
Employment Records: If your injuries have resulted in lost wages or employment-related issues, collect pay stubs, tax returns, or other documentation to demonstrate your income and the impact on your earnings.
It's crucial to consult with a personal injury solicitor who can provide guidance on the specific evidence required for your case and help ensure that you are properly prepared for the legal process.
During the course of a personal injury claim we may need to seek support from experts in various fields such as, but not limited to:
The clearer the timeline of events, the faster we progress towards securing compensation. We recommend that you record:
You will need legal advice on your case in order to fully understand the benefits of settling or continuing your case to court.
The resolution of a personal injury case can occur through either a settlement or going to court. Both options have their advantages and disadvantages, and the decision often depends on various factors specific to each case. Here is an overview of the settlement process versus going to court:
Negotiation: In a settlement, the parties involved (usually the injured party and the at-fault party or their insurance company) negotiate an agreement without going to court
Faster Resolution: Settlements generally lead to a quicker resolution compared to going to court. This can be advantageous for those seeking timely compensation.
Predictable Outcome: The outcome is more predictable in a settlement, as both parties have control over the terms and can reach a mutually agreeable solution.
Costs: The balance between going to court and the stage of your case at the time of settlement will be a consideration for all parties against the assessment of prospects of success.
Privacy: Settlements are private agreements, meaning that the details of the settlement, including the amount, are generally not disclosed publicly.
Finality: Once a settlement is reached and accepted, the case is closed, and the parties typically sign a release, preventing any further legal action related to the incident
Legal Process: If a settlement cannot be reached or is not deemed fair, the injured party may take the case to court. This involves formal legal proceedings before a court in Scotland. This is not to be underestimated and can be extremely stressful. We would have a detailed discussion with you about the benefits of taking this route in your specific case with your specific circumstances.
Legal Adjudication: The court process allows a Sheriff or Judge, to decide on liability and damages.
Public Record: Court cases are part of the public record, and details of the proceedings, including the trial outcome, are accessible to the public.
Compensation: In some cases, going to court may result in a higher compensation amount, especially if the at-fault party is unwilling to offer a settlement prior to advancing to court. This may not always be the case and in some instances lower compensation is paid that was offered at settlement.
Legal Representation: Going to court may require more extensive legal representation, including Advocates and Kings Counsel.
Time-Consuming: The court process can be lengthy, involving multiple stages.
Ultimately, the decision between settlement and going to court depends on factors like the strength of the case, the willingness of the parties to negotiate, the desire for a quicker resolution and the desire to court to court. Many personal injury cases are resolved through negotiation and settlement, as it offers a faster and less costly resolution. However, each case is unique, and it's important to consult with a personal injury attorney to determine the best course of action based on the specific circumstances.
Navigating the intricacies of personal injury claims can be overwhelming. Consider seeking legal advice from a specialist in this field. They can:
Act quickly: Time limits for initiating claims exist.
Honesty is key: Be truthful and transparent throughout the process.
Focus on healing: Prioritise your well-being, while your legal team handles the claim.
Proving a personal injury claim in Scotland may seem daunting, but with this guide and the support of a legal expert, you can navigate the legal terrain with confidence. Remember, you deserve justice and compensation for the hardships you have endured. Take the first step towards reclaiming your peace of mind and financial security. You are not alone on this journey.
We hope this guide empowers you on your path to recovery and a just resolution. Any questions, please just ask. This guide is not a substitute for professional legal advice. Always consult with a qualified solicitor to discuss the specifics of your case.
