We deal with a wide variety of claims, ranging from simple “slips and trips” to complex offshore injuries. Our solicitors have experience of dealing with claims in both the Sheriff Court and the Court of Session.

Personal injury litigation is an area which many people are unsure about. Some of the most common queries are answered below:

Can I make a personal injury claim?

If you have been involved in an accident which caused by someone’s negligence, from which you have suffered injury, you are generally entitled to claim from the party who was at fault.

How do I know if someone has been negligent?

In some cases, it is obvious that another party has been negligent. For example, in a road traffic accident it is often clear that one party’s bad driving has caused injury to another.

However, it some cases, it is not so clear. Individuals, companies and public bodies must meet certain standards of care laid down by statutes and also in various court cases, and often these standards must be examined closely by the court before liability is determined.

When can I claim?

The general rule of thumb is that you can raise court action up to three years after the accident.

It should be noted that “raising court action” means serving the court papers on the liable party – NOT telling the other party that you think you have a claim. Accordingly, you should not leave it until the last minute before contacting a solicitor.

In certain cases the courts do allow exceptions. For example, if you were unaware of the accident or the injury for medical reasons, the courts may deem the time limit to start running from when you actually became aware of the circumstances. A good example is cases involving injuries arising from exposure to asbestos, which can take a number of years to affect an individual.

However, once the court deems a time limit to be exceeded, it is unusual that they will allow a claim to be made. Consequently, it is essential that you contact a solicitor as soon as possible following the accident.

What can I claim?

The usual heads of claim in personal injury actions are listed below, but this list is not exhaustive.

Damages for pain and suffering (in Scotland this is known as solatium)

Loss of earnings

Loss of future earnings including pension rights

Compensation for losing out on social and sporting activities

Loss of property (for example, a car or bicycle)

Any cost of assistance with care (for example, housework or personal care)

The general rule is that the court will attempt to put you in the position they would be in had it not been for the accident. This often involves some speculation. For example, it is often very difficult to estimate future earnings if someone suffers a disability at a young age. Often, reference is made to detailed actuarial tables.

How do I claim?

Initially, your solicitor will intimate your claim to the party at fault. They will usually pass it on to their indemnity insurers, who will either deal with the claim themselves or nominate solicitors to deal with it on their behalf.

There are two aspects to a personal injury claim: liability (who is at fault?) and quantum (how much is the injured party due?). If both of these aspects cannot be agreed, a court action will have to be raised.

Will I have to go to court?

Usually, the only reason you would have to go to court is if the Sheriff needs to hear evidence to make a decision about the case. It is unusual for a case to progress to this stage without an agreement being reached.

How long will the case take?

This depends on the circumstances. In some cases, where fault is obvious and there are few heads of claim, a suitable offer may be negotiated within a few weeks. In other cases, particularly where liability is disputed, a case may last several months.

Once a case is raised in court, it is likely that a hearing will be set for approximately nine months. This may seem like a long time, but it is necessary for both parties to get the court papers, evidence and witnesses together. It also gives parties the opportunity to try and agree matters. If matters cannot be resolved, the Sheriff will make a decision at that hearing.

Will I have to pay expenses if I lose?

At DJP Solicitors, we offer award-winning insurance for every personal injury claim. Our insurance covers any outlays (for example, fees for medical reports) and expenses which may be payable to the other party in the event that a case is lost.

Accordingly, we will ensure that insurance is in place, so that if you lose your case, you will not have to pay anything to the other party.

We also do personal injury on a “no win, no fee” basis – meaning that if you lose your case, you will not have to pay anything to us.

Accordingly, you can proceed safe in the knowledge that if you don’t win your case, you won’t pay anything!

Will I have to pay anything if I win?

If you win, your fees will be deducted from your award. However, your solicitor will ensure that these do not rise above a certain percentage. Your solicitor will explain this to you at your first meeting.

I have seen claims companies on TV advising that I could keep 100% of compensation. Why do you not do this?

Most of these claims companies are based in England, where the situation regarding expenses is different to that of Scotland. In England, the costs which are awarded by the court include a success fee which must be paid by the Defendant. This extra payment, which is not permitted in Scotland, allows companies to provide this service.

The situation in England is currently subject to a Government review, and is likely to be changed in due course.

To make an appointment to discuss a personal injury claim in more detail, please call 01225 590053, or e-mail info@djpsolicitors.com.