A personal injury accident can be a challenging and stressful experience. Beyond the physical pain and recovery, there are often additional concerns regarding financial losses, such as lost earnings, medical expenses, and the impact on your family. So understanding the personal injury claims process has never been more crucial. We’ve got all you need to know about the personal injury claim journey in Scotland, so you know just what to expect when the unexpected happens.
Investigating Your Claim
The first step in the claims process is to investigate the circumstances of the accident and gather all relevant information. Seeking legal advice promptly is highly recommended to ensure the facts remain clear.
When you contact our team, we will ask for crucial details such as:
- Where and how the accident occurred
- The factual circumstances surrounding the incident
- Independent evidence supporting your claim
- Establishing liability for the accident
In Scotland, most personal injury claims require to be raised and served on the Defender within three years of the harm being caused to you. If you do not comply with the three-year deadline, then you could lose your right to compensation.
Further, we require full details of the injuries you sustained and if medical attention was sought.
Intimating Your Claim
Once the necessary details are gathered, we will formally intimate your claim to the insurers of the responsible party. Scottish insurers are required to acknowledge the claim within 21 days. They then have a three-month window (from the date of first notification) to investigate the claim and determine liability.
Throughout this process, we will liaise with all involved parties—your insurers, third-party insurers, and witnesses—to minimise disruption to your daily life. Using modern communication tools like email and phone calls, we ensure the process is efficient and that you’re kept informed at every stage.
Gathering Medical Evidence
Medical evidence is crucial for personal injury claims. Once liability is established, we will arrange for you to consult independent medical experts who will assess your injuries and provide a detailed report. Whether your injuries require the expertise of an orthopaedic specialist, a psychologist, or another expert, we ensure that the medical evidence reflects the true impact of the injury on your life.
Valuing Your Personal Injury Claim
Valuing your personal injury claim involves reviewing medical reports, relevant case law, and individual circumstances. We aim to maximise your compensation by factoring in all aspects of your injury and associated losses, such as:
- Loss of earnings,
- Costs of ongoing care or treatment,
- Losses arising from family members providing additional support.
We will collaborate with you to gather evidence for these losses from the outset to ensure an accurate valuation of your claim.
Offers – To Litigate or Not?
Once all evidence is submitted, the responsible party’s insurers will typically make a settlement offer within 5 weeks. If an offer is low or delayed, we are prepared to litigate on your behalf.
There is a two week “stock taking period” where parties can proceed with further discussions to try and prevent the need for court. If court is required, then you will be fully supported by our team during the litigation process.
Throughout the entire process, from the initial investigation to negotiating a settlement, our primary goal is to secure the compensation you deserve while minimising stress.
How Jackson Boyd Can Help
Our specialist personal injury lawyers represent clients across Scotland in road traffic accident, employer liability and public liability claims. Learn more about our Personal Injury Services.
