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Making a Personal Injury 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 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 for a claim and how much you could claim for. Then if you want to go ahead, your injury lawyers can help you through every step of the claim.
While pursuing a personal injury claim can seem a daunting prospect, with the right support and advice it can be a straightforward process.
Can I claim?
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 injury claim. Typically you will have suffered an injury, perhaps had time off work and lost earnings and require help, care and assistance with activities of daily living.
Call us on 0800 731 8434 or fill out our enquiry form to find out if you are eligible to make a claim. If we think you can make a claim, it is likely we can work for you on a no win no fee basis.
Is there a time limit?
The general rule is that you must make your personal injury claim within three years of the date of the accident. That means that the claim must have settled or a court action must have been raised 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 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 the 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 a claim.
Can I claim on behalf of my child?
Yes, you can if they are under the age of 16.
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. Although our team of solicitors are focused on ensuring your 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.
Our aim is to move your 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 help?
Our dedicated Personal Injury 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 and have the expertise to advise and support you sensitively in difficult circumstances. Each 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 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 Claims Calculator to find out how much compensation you may be entitled to.
Take a look at our Claims Calculator for an indication of what you could claim for different injuries.
Head
Face
Neck
Shoulder
Chest
Back
Arm
Elbow
Hip
Wrist
Hand
Leg
Knee
Ankle
Foot
What could compensation cover?
Your personal injury claim is made up of different parts which will have a different value. These are called Heads of Claim:
- Compensation for your injury, pain and suffering and general disruption to lifestyle, referred to as Solatium
There is no fixed tariff for different types of injuries. Each case is individually assessed. - Compensation for your financial loss
Lost earnings/pay will be recovered on your behalf to restore you to the financial position you would have been in had you not been injured as well as any additional costs or expenditure incurred as a consequence of your injury. - Compensation for help with daily living activities
If you required help with activities of daily living then you can recover compensation on behalf of those who helped you.
In serious injury cases, it will be necessary to consider the financial impact of your injury on your ability to work and look after yourself and your family.
Fatal accident cases are complex. Not only has the family suffered the loss of a loved one, the deceased may have supported the family financially which needs to be recognised in the compensation.
We understand that making a claim for a personal injury can feel like a daunting prospect. We aim to make the process for you as straightforward as possible.
Step 1: Get in touch and discuss your claim
Contact us on 0800 731 8434 or fill in our enquiry form to find out if you can make a claim.
Our Personal Injury Solicitors will discuss with you what happened and the impact of your injury on your life. They will advise you if you have a valid claim or not. If you do have grounds for a claim, they will then explain, in detail, the process that will follow. From that point on they will be your personal point of contact and are available for you throughout the whole process.
Step 2: Start your claim
Depending on where you live, a specially trained personal injury agent will meet with you to complete all initial paperwork and verify your identity, which is necessary before we can proceed with the claim.
Step 3 : Over to us
We'll build your case by gathering all the information about your claim and any medical evidence and reports needed.
Step 4: Claim submission
We will formally submit the claim on your behalf to the person or organisation that is to blame for your injury. We handle all contact with the other party and negotiate on your behalf.
If your claim is settled successfully, our fee is paid out of the compensation amount. If we cannot reach an appropriate settlement with the insurers, either because any settlement offer is too low or because the insurers do not accept that their insured was at fault, we will discuss your options, including whether to raise court proceedings