KNOWLEDGE

How does my claim work?

MortonFraser_Nicola Edgar
Author
Nicola Edgar
Senior Associate
PUBLISHED:
10 February 2018
Audience:
Individuals and Families
category:
Article

Until you suffer a personal injury, few people are aware of the amount of assistance which is required to enable you to continue to live your life on a daily basis.

Whilst those suffering from a minor injury may require assistance from relatives with basic household chores, those who have suffered more severe injuries may require assistance from carers, in addition to various adaptations to their homes and equipment. In addition, there may be financial repercussion due to loss of earnings as a result of being unable to work for a period. The law is in place to protect you in circumstances where someone else's negligence has caused this inconvenience and financial loss and attempts to put you life back to how it was before the accident happened.

In situations where you do want to make a claim here is a rundown of the steps involved.

The starting point is to establish liability. This simply means identifying who is responsible for your injury and investigating whether they have been negligent. In order to be successful in any claim, it must be proven that the negligence caused the injury. This is called causation. Whilst this may sometimes be obvious, for example, if the injury occurred as a result of falling down an uncovered drain or due to a slip on milk in a supermarket, sometimes the position is more complicated. It might be the case that you are involved in a road traffic accident resulting in the worsening of a previous back condition. In all cases, we would require to identify an appropriate medical expert to comment upon the extent of the injury as a result of the accident.

Once liability and causation have been established, the value of your claim can be considered.

There are various heads of claim which are taken into account when calculating the compensation due to you. Firstly, we will consider solatium, which is an attempt at valuing the pain and suffering you have experienced as a result of the accident. The medical report will assist with this as the expert will provide a detailed explanation of the symptoms which you have experienced, together with a future prognosis. Thereafter, there are various other special damages to take into account, including compensation for any costs you have incurred as a result of the accident, such as travel expenses or adaptations to your property. Separately, damages may be due in order to compensate you for past loss of earnings. Looking to the future, you may have claims for future loss of earnings or the loss of earning potential. We will also consider any care which has been provided to you by relatives following the accident and any and future care needs you may have. These are just some of the heads of claim which may be payable and each case is required to be assessed on its own merits and circumstances so that we can provide you with specialist advice.

Once we have obtained all the information required to value your claim, the next step is to intimate it to the party who has wronged you and ask for their proposals for settlement. It may be that we are able to negotiate a satisfactory settlement, however, if no reasonable offer is forthcoming, we would require to raise a court action.  

How much will it all cost me?

We operate a "no win, no fee" arrangement which gives you peace of mind. You do not need to pay for the work we do as the case progresses. It is as simple as that.

Our low cost ATE insurance cover from a leading insurer shields you against your opponent's legal costs, even if your claim is unsuccessful.  The premium is only paid if your case is successful and if your case is unsuccessful, your opponent's costs and the premium are met by the insurer.

Why Morton Fraser makes it easy

At Morton Fraser, we have significant experience in dealing with a variety of claims resulting from accidents abroad, accidents at work, road traffic accidents, cycling and motorcycle accidents, fatal accidents, industrial disease, medical negligence and slips/trips. We will provide you with clear, straightforward advice and guide you through what can often be complex legal issues.  We are trained in valuing claims, which means that we ensure you get the compensation you deserve for your injury.

 

We appreciate you require advice as a result of an incident you have been involved in through no fault of your own and we are aware of the impact this can have on every aspect of your life. At Morton Fraser, we have one of the largest litigation teams in Scotland, with the resources and expertise to ensure you obtain the maximum amount of compensation as quickly as possible. 

Disclaimer

The content of this webpage is for information only and is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers.  Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority.