Can I make a claim?
Accidents happen, but being involved in an accident that was not your fault, particularly if you have suffered an injury, can leave you feeling vulnerable and frustrated. However, you may be entitled to claim compensation for your injury, for its financial impact on your life and for adaptions it might necessitate for you and your family’s future lifestyle.
The first step is to find out if you are eligible to make a personal injury claim and how much compensation you could claim for. In Scotland, generally speaking, you can make a personal injury claim up to three years after your accident, or from the point you realised you had been injured due to negligence. Then if you want to go ahead, our expert personal injury lawyers can help you through every step of the claims process.
While at first pursuing a personal injury claim can seem like a daunting prospect, with the right support and advice it can be a straightforward process.
Can I claim with Thorntons Personal Injury?
If you were injured in an accident that was not your fault and it happened in the last three years, our personal injury solicitors, who have years of experience, can quickly assess the eligibility of your personal injury claim. Typically you will have suffered an injury, perhaps had time off work and lost earnings and require help, care or assistance with activities of daily living.
Is there a time limit to make a Personal Injury claim?
In Scotland the "Prescription and Limitation (Scotland) Act" sets out a time limit on how long you can wait before you make a personal injury claim, usually 3 years from the date of your accident.
The general rule is that you must make your personal injury claim within three years of the date of the accident or injury or from the point you knew or ought to have known you had suffered injury due to negligence. That means that the claim must have settled or a court action must have been raised and served on the defender within those three years. If you were under the age of 16 at the accident date, the three-year time limit does not start running until your 16th birthday – so you have until you are 19 to make your personal injury claim.
Some exceptions apply, for example personal injury claims arising from air/sea accidents and criminal injury compensation claims are subject to a two-year time limit.
If you are unsure of the date of your accident or when you suffered an injury, you should contact us without delay in order that we can talk you through the circumstances of your accident, and advise you about progressing your personal injury compensation claim.
Can I claim on behalf of my child?
Yes, you can make a personal injury compensation claim on behalf of a child if they are under the age of 16.
In Scotland, if a child under 16 suffers injury, it is usually the parent or guardian who will make a claim on the child’s behalf. Although the parent or guardian is making the claim on the child’s behalf, any compensation will be awarded to the child who suffered the injury, not the individual who made the claim on behalf of the child.
If you are thinking about making a claim on behalf of somebody else, get in touch with us to understand the process.
What can I do to help my claim?
Evidence is everything. If possible, take photos of the accident scene and obtain the names and contact details of witnesses to your accident.
If you did not require emergency medical treatment at hospital, make an appointment with your GP. Tell your GP what happened. It is important to have an official record of your injury and the accident circumstances.
Report road traffic accidents to the police and exchange details with the other driver. Be sure to make a note of the vehicle registration, make and model.
How long will my claim take?
This will depend on the circumstances of your claim. Whilst our team of expert personal injury solicitors are focused on ensuring your compensation claim progresses as quickly as possible, there is an agreed protocol between solicitors and insurance companies operating in Scotland. The insurance company (or representative acting on behalf of the insurance company) should confirm if your claim is accepted within three months.
At Thorntons Solicitors our aim is to move your personal injury claim along as quickly as possible, to achieve the best outcome as swiftly as we can. There are steps which have to be undertaken - such as negotiating with insurance companies and obtaining medical evidence and reports to support your claim. For that reason, it is difficult to give you an exact timescale for the claims process but we aim to keep you informed at every stage of your claim.
How can Thorntons Solicitors help?
Our dedicated Personal Injury claims team can work with you on all aspects of your claim to help you achieve the best result for you. We are experienced in dealing with all types of personal injury claims - from road traffic accidents and whiplash, to accidents at work - and have the expertise to advise and support you sensitively in difficult circumstances. Each personal injury claim is different so we take time to find out from you and any witnesses about the full circumstances of your accident and the injuries and other financial losses you may have suffered.
You can start your personal injury claim today by calling us free on 0800 731 8434 or complete our enquiry form. We will talk through your situation, answer any questions you may have and advise you if you can make a personal injury compensation claim. Our discussion will be confidential and you are under no obligation to make a claim. You can also take a look at our personal injury Claims Calculator to find out how much compensation you may be entitled to.