1. Solatium
Once fault for the accident has been investigated and we have determined there is sufficient evidence to prove your case, we will begin to gather evidence to value your claim.
The first claim which will be included will be a claim for your injuries as a result of the accident. This claim is referred to as “Solatium”.
Medical Evidence
Medical evidence must be obtained so we can value your injuries. Jackson Boyd will obtain a copy of your medical GP and Hospital records. The medical records are required so the medical expert can confirm if you had any pre-existing injuries. The expert must also comment on what, if any, treatment you have had since the accident in their medical report.
Once the medical records are received then Jackson Boyd will instruct an independent medical expert to have a consultation with you. The role of the expert will be to examine you and thereafter provide us with a medical report.
Once the medical report is received then the report will be sent to you for approval. At this stage, you can provide further comments to the expert which you feel have not been covered in the report. Once the medical report is approved then a copy will be shared with the Defender.
In some circumstances, you may be recommended to attend for a further medical report with another expert (e.g. psychiatric report). . ‘One cap’ does not fit all. We must consider the nature of the injuries you have sustained and follow the recommendations of the experts. This will determine which independent expert we instruct.
Valuing the Claim
Once the medical investigations are completed then we can value your claim for injuries. In order to value the claim correctly, we will review current literature, case law, and reference sources, which is recognised in the industry. That point aside, in order to value your claim correctly, and with a view to maximising your compensation, we would always ensure we adjust our assessment of your claim to take your specific injuries and restrictions into consideration.
If your injuries are serious we would not be encouraging an early settlement. To enable us to accurately value your claim we ideally need a starting point (the accident date) and an ending point (the recovery date). Unfortunately, some of our clients suffer life-changing injuries that they will never fully recover from. In these cases it is important we have the full picture of the impact your injuries have had so, in addition to extensive input from a range of independent medical experts, we may also require input from other experts, such as vocational consultants and pension experts. All this can take time.
As mentioned previously, you may have suffered other losses as a result of your car accident. Other claims which can be included in your case will be covered in the next article in the series.
