Bringing a personal injury claim can be a complex process, but having the Speir Buchan team by your side can make it more manageable. This step-by-step guide is designed to help navigate the process smoothly.
The initial conversation will allow a Solicitor to discuss what happened and how they can potentially help you claim compensation.
The solicitor will assess the viability of your personal injury claim based on the information provided and discuss potential legal options, including the likelihood of success and estimated compensation.
All our discussions are at ‘No Win No Fee’ basis.
If you decide to proceed, the solicitor will open a case for you. You will then sign the onboarding paperwork with the solicitor, outlining fees, responsibilities, and the scope of representation.
It will also allow the solicitor to get the authorisation to obtain relevant records and communicate with involved parties.
The solicitor will conduct a thorough investigation, gathering evidence to support your claim.
This may include obtaining witness statements, surveillance footage, and expert opinions.
The solicitor instructs appropriate independent medical or technical experts in your case.
The solicitor will ask you to attend necessary medical examinations and consultations to assess the extent of your injuries.
The medical expert will ensure all medical documentation is shared with your solicitor for inclusion in the claim.
We will review and discuss the reports and evaluations gathered.
If the expert reports are supportive of your case the solicitor will draft and send a Letter of Intimation to the responsible party, outlining the details of the incident, injuries sustained, and the claim for compensation.
Allow time for the recipient to respond, which is typically 21 days.
The solicitor will engage in negotiation with the opposing party or their insurance representatives to see if they wish to make an offer of compensation.
Your solicitor will advise on settlement offers, ensuring they are fair and in your best interest.
If settlement is agreed, your solicitor will guide you through the final steps including ensuring all necessary paperwork is completed, and the awarded compensation is received.
If a fair settlement cannot be reached, your solicitor may initiate court proceedings upon your instructions.
Your solicitor will draft the legal paper work in consultation with you, your experts and if necessary an Advocate instructed in your legal case.
Settlement can be made at any time from the intimation of the claim right up until the conclusion of the Proof.
Once the paperwork is lodged with the court your solicitor will prepare for attending hearings, and provide additional evidence as needed or directed by the Sheriff.
Your case will follow a detailed court time table and both your solicitor and the defender solicitor will require to follow the dates set out.
Once both your solicitor and the solicitor defending the case are happy with the paperwork which has been lodged and the timetable has been followed, the Sheriff will decide how matters progress. The next step is most likely to be a full court hearing called a Proof.
A Proof is when your solicitor will present your case and respond to any cross-examination by the defender. Witnesses and experts will also give evidence on your behalf and that of the defender.
Trust your solicitor's guidance throughout the Proof process.
Once the Proof is over, the Judge decides the outcome of the case after listening to evidence, reading the written case and hearing from witnesses. If you are successful and award of compensation will be declared and you should receive that quickly following the judgement. If you are unsuccessful, then matters complete with no award of compensation in your favour.
Regardless of whether your case is successful or not your solicitor will ensure all necessary paperwork is completed.
Bringing a personal injury claim with the assistance of a solicitor requires collaboration, communication, and patience. Trust the expertise of your legal representative and actively participate in the process to achieve the best possible outcome.
