What Can You Claim For
Every accident is unique and so are the injuries and losses that arise from the accident. Knowing what you can claim for is equally as important as knowing that you can pursue a claim at all as you only have one opportunity to receive compensation following an accident. That is why it is essential that you use a personal injury specialist to act for you following an accident to ensure that they obtain the maximum amount of compensation that you are entitled to.
There are a number of different things that you can receive compensation for following an accident and a brief guide of each of these Heads of Claim is listed below:
Solatium (pain and suffering)
Compensation is provided for the pain and suffering you have endured as a result of your injury. In Scotland, this is known as solatium. The amount of compensation you receive will depend on the type and severity of the injury you have suffered. For further information on the level of compensation you could recover for solatium please see our Personal Injury Calculator.
Loss of Earnings
It is very common that following an accident you might need to take time off work. This may result in you suffering a loss of earnings. If the accident was not your fault you are entitled to recover any loss of earnings you have suffered from the person responsible for causing your accident (even if that happens to be your employer). In cases involving more serious injuries it may not be possible to return to work or at least to the job you were doing at the time of your accident. In this scenario a claim for future loss of earnings may also be made.
Other Financial Losses/Out of Pocket Expenses
Whilst a claim for loss of earnings deals with what you don’t receive as a result of an accident it is also important to consider additional expenses that you have incurred following an accident. This might include things like damage sustained to property or clothing which you require to replace and the cost of attending hospital appointments. These are all expenses which would not have arisen had your accident not happened. Vouching for thee losses will however be required.
As part of the full care service provided by Watermans we can arrange for your vehicle to be repaired to its pre –accident standard by an approved repairer. The costs of this will be met in full by the at fault party and, unlike pursuing a claim through your insurers you will not require to pay an excess. We can also pursue a claim for the value of your vehicle if the damage is such that your vehicle is written off following the accident.
Replacement Vehicle Costs
We can provide you with a like for like hire vehicle for the duration of the time your vehicle is being repaired at no cost to you. This will be recovered from the at fault party.
If you require medical treatment following an accident such as physiotherapy, counselling, etc then you may wish to have this provided privately to avoid the need to wait on an NHS waiting list. If you fund this treatment yourself we can recover these costs for you providing vouching for the cost of the treatment is provided. Alternatively, our Total Care allows us to provide this treatment to you at no cost and we would then recover the costs directly from the at fault party.
Services (Assistance form family members)
The law in Scotland recognises that following an accident, family members play a key role in helping an injured person during their recuperation. Assistance may be given in a number of ways for example helping you get washed and dressed, preparing meals, doing housework or grocery shopping. Whilst it is accepted that families b their nature will provide this help without charge, it is possible to recover compensation for the services that have been provided toyou (and may be required in the future) as a result of the accident.