Guide to pain, suffering and other losses after an accident

Your Guide to compensation for pain, suffering and other losses after an accident in the Scotland

You can also potentially recover past and future loss of earnings depending on your circumstances. See our guide Recovering Lost Wages After an Accident - Your Guide for more information on including that in your claim.

Understanding the Concept of Losses after an Accident

Damages for pain and suffering acknowledge the invisible wounds – the emotional distress, mental anguish, and loss of enjoyment of life caused by an accident. They seek to compensate you for the impact on your day-to-day existence, beyond just financial losses.

When Can You Claim?

If you've been injured in an accident or injured by someone else's negligence, you may be eligible to claim for your pain and suffering. This can include accidents and negligence like:

• Road traffic accidents: Car crashes, bicycle accidents, pedestrian accidents
• Work accidents: Slips, trips, falls, machinery malfunctions
• Medical negligence: Misdiagnosis, surgical errors, medication errors, product liability (where a medical product was inappropriate for use)
• Public place accidents: Accidents on pavements, in shops, or on public transport
• Military: Noise induced deafness, accidents, negligence and errors in kit can all be claimed

Quantifying the Unquantifiable

How much are your pain and suffering worth? While there's no precise formula, the Judicial College Guidelines provide a framework for assessing compensation. Factors considered include:

• Severity of the injury: The physical and psychological impact of your injuries.
• Duration of the pain and suffering: How long did your pain last? Are there long-term effects?
• Impact on daily life: How has the accident affected your ability to work, perform daily tasks, or enjoy hobbies?
• Psychological trauma: Did the accident cause anxiety, depression, or post-traumatic stress disorder?

Medical evidence and expert input will be required to help your solicitors look at valuing your pain and suffering. Whilst, this will feel artificial it is the only way to value your claim for compensation. The compensation is to acknowledge and recognise what has happened to you, but this can be a difficult process where the support of our knowledgeable team.

Other Losses that can be Claimed

In addition to loss of earnings, pain and suffering you could be compensated for any of the following if your personal injury claim is successful:

• Loss of enjoyment of hobbies, gym memberships and other activities
• Medical costs including physiotherapy, massage therapy or other medical care such as personal assistance
• Cost of repairing or replacing personal property damage during your injury
• Care costs of engaging cleaners or support following your injury
• Travel expenses
• Changes to your house to make it easier for you to cope without any ongoing disability
• Rehabilitation

Gathering Evidence for your Claim

To strengthen your claim, your case needs evidence. We help you gather documents like:

• Medical records: Detailed reports of your injuries and treatment.
• Psychological reports: If relevant, evidence of any mental health impacts.
• Expert medical and technical reports: evidence to support your claim including physical and reports focusing on any technical.
• Witness statements: Corroboration of the accident and its impact on you.
• Diary entries: Personal accounts of your pain and suffering, documenting emotional distress.
• Receipts: keep all vouching and details of any costs, expenses or travel you may incur. You will need to evidence all costs incurred due to your injury

Can I Seek Support?

Navigating the legal landscape can feel overwhelming. Consider seeking:

• Personal injury solicitor: We at Speir Buchan can assess your case, advise on next steps, and handle legal complexities.
• Support: Connect with others who understand what you're going through.

What Happens when I start a Claim?

Here is s a roadmap to get started which we can help you with:

1. Seek medical attention: Prioritise your physical and mental health.
2. Gather evidence: Document the accident and its impact.
3. Contact a solicitor: Discuss your case and options.
4. File your claim: Submit it to the responsible party's insurance company.
5. Negotiate or go to court: Your solicitor will guide you through the process.

Remember

• Time matters: There are strict time limits for filing claims. Act quickly.
• Honesty is key: Be truthful and transparent throughout the process.
• Focus on healing: Prioritize your well-being, while your legal team handles the claim.

Average Compensation Amounts

While every case is unique, it can be helpful to understand potential compensation ranges. Here are some examples:

• Minor whiplash: £1,000 - £2,500
• Fractured limb: £2,000 - £15,000
• Severe psychological trauma: £10,000 - £50,000+

Moving Forward

Claiming compensation for pain and suffering is one step towards reclaiming control after an accident or injury. While it may not erase the experience, it can acknowledge your hardship and offer financial support for moving forward. This guide offers an overview to understanding the legal terrain and seek fair compensation. Remember, you are not alone on this journey.

We hope this guide empowers you on your path to healing, both physically and emotionally. Please let us know if you have any questions.

This guide is not a substitute for professional legal advice. Always consult with a qualified solicitor to discuss the specifics of your case.

Connect with a Speir Buchan expert today