Our step-by-step guide to settling your personal injury compensation claim

6th Jul 2017

Our step-by-step guide to settling your personal injury compensation claim

Claiming compensation following an accident can be daunting. That’s where we can help. We make the whole process as straightforward as possible – and we’re at your side all the way. There’s no need to be worried about going to court or put off by legal jargon. We’re here to help you through the whole process.

It’s your right to claim

If you’ve had an accident in Scotland within the last three years that wasn’t your fault, you could have a strong case for a claim. We’ll look at all the facts and advise you on how to progress. We specialise in:

Getting the medical care you need

Our focus isn’t just on getting you the financial compensation you deserve. It’s also about getting you the treatment you need to recover from your injuries. We call it Total Care and it covers a wide range of medical and professional practices that are often required following a personal injury accident.

Total Care starts right away

As soon as we agree to take on your case, you’ll benefit from Total Care. It ensures that you get the very best medical attention possible for your rehabilitation. You’ll get access to specialists who can help you recover. And it won’t cost you anything – we’ll recover any costs as part of your claim.

We can deal with all kinds of injuries

We see clients who’ve suffered all kinds of injuries. From whiplash following a road traffic accident to serious, life-changing injuries, we know how to get you the best treatment available.

Building a strong case

Evidence is important when you’re making a claim following an accident. We’ll help you to put together a strong case focused on all the evidence available.

Picture the scene

Photographs and video evidence are always useful. Smartphones have made it easier to capture photos and video evidence at the scene of an accident. However, even if you aren’t able to get pictures at the time, it is useful to get photographs at the location and images of your injuries.

Write down your story

As soon as you are able, write down an account of what happened in your own words. Take time to think through the details as you remember them and write it all down – it will be important that you can give a clear account of what happened. It may also help to draw a diagram showing what happened.

Get a witness

If there are witnesses at the scene, make sure you get all their contact details. You should also get the full details of anyone else who was involved – particularly the ‘at fault’ party. You’ll need to get details like:

  • names
  • addresses
  • vehicle registration numbers
  • description of person and vehicle
  • any relevant insurance details

Working out how much you can claim

At this stage we’ll work out the amount of compensation you can claim. Each case is different. We’ll help you quantify your actual out of pocket expenses, any lost earnings and establish a value for potential losses as well as claiming compensation for your suffering. Remember to keep ALL receipts that are related to your claim, including transport costs, treatment bills and other charges.

Taking action on your behalf

Once we’ve thoroughly assessed your situation, we’ll submit a formal letter of claim to the ‘at fault’ party. This will normally be passed on to their insurance company.

Settling your claim out of court

While many people worry about the idea of going through a court case, the reality is that 98% of our cases are settles without ever having to go to court. We’ll discuss your case with you and agree an amount that would be an acceptable settlement. We’ll then negotiate with the ‘at fault’ party and their insurers to get you the maximum award possible. If we can’t agree a settlement, we’ll take further legal action.

Taking the case to court

Cases go to court for a number of reasons. Usually, these are the more technical or very high value cases. Or it could be that we can’t reach an agreed settlement. It may be that the defendant denies your claim. If this happens, we’ll prepare your legal action, advise you every step of the way and represent you in court.

Receiving the money you deserve

The whole point of making a claim is for you to get the compensation you deserve. We only ever charge a fee if we win the case. We deduct a success fee of no more than 20% including VAT and outlays. We also recover a fee from the ‘at fault’ party, allowing us to pass on as much of the compensation to you as possible.

Getting your life back on track

Depending on the severity of your injuries, it can take a considerable amount of time to fully recover. You may also have to make major adjustments like a career change, giving up work or dealing with disability. Our Total Care package is designed to stay with you throughout your rehabilitation and all of your needs are factored into your claim.