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Tips To Make A Personal Injury Claim In Scotland

If you had suffered an accident or injury and it someone else's fault, you are fully entitled to compensation. Here are top 10 tips on how to successfully obtain compensation after getting into an accident or suffering from an injury.

If you wish to view personal injury compensation payouts then visit our compensation claim payouts guideline.


Top 10 Tips: Scotland Personal Injury Claim

1. Keep your Doctor fully informed regarding your Injuries

Provide your doctor with all the information needed about your injuries. The information gathered will be the basis on calculating how little or how much your compensation amount will be. Besides from that, you have to make sure to disclose all your medical history and any prior injuries that have been affected by this accident or that could affect the claim itself. This will have a significant impact on the medical reports that will be produced for your personal injury claim.

2. Cautiously Choose Your Scottish Personal Injury Lawyer

Choosing a lawyer to best represent you is difficult. There are a lot of things to consider when selecting the suitable scottish personal injury lawyer

  • All lawyer firms offer compensation claim services that include more than just fighting compensation for your claim. You could obtain a courtesy car or get your own car repaired by your lawyer firm if yours is damaged. You cold also benefit from storage services and avoid huge bills for having your unworthy car stored at a garage. What ever your needs, you could get your lawyer firm to assist you with these daunting tasks and cost.
  • Always check their specialization if it is suitable to your personal injury claim. You can use our comparison tool to do this and find the best ‘matched’ lawyer.
  • Try viewing ratings, as ‘word of mouth’ is best. We have a 10 star rating system in place to help people make a more informed choice as to whom to select as their Scottish personal injury lawyer. See what people have rated various Scottish personal injury lawyers before you commit.

It is best to have a lawyer that is reputable and trusted by many. The lawyer will be your primary ‘manpower’ to successfully claim your compensation. 

3. Identify the Company or Person at fault

You have to accurately know who was responsible for your accident or injury. If you accidentally accuse someone wrongly, this will cause you serious consequences. 

  • Provide your lawyer with all the details that are relevant to your accident. This will include the event that occurred, the name, address, and contact information of the person or company involved. If it is not possible to gather this information, just make sure you can provide your lawyer with enough information needed so that they can chase this up for you. 

4. Secure your Employment Records

Ensure that you have copies of your pay slips or proof of income prior to the incident. Provide all these documents to your lawyer and to be sure, keep copies for yourself as well. This is important for your personal injury claim lawyer in order to calculate the total loss of your working wages due to the accident. This could include past, present or future loss of earnings (as long as the accident makes you incapable to work).

5. Keep in Mind that there is a Time Limit

Always remember that there is a time limit for filing your personal injury claim in Scotland. Particularly in Scotland, the claim should be raised within three years, starting from the date of the accident. If you forgot or have not raised your personal injury claim within the span of those three years, will be barred from filing a claim. There could be other circumstances surrounding your injury and when you can make a claim. You can make a claim when you become aware of your injury, for example, some injuries take time to get noticed or flare up like some industrial disease injuries. Therefore you can make a claim from the date you are aware you sustained injuries/illness due to the accident. So we advise to consult with your lawyer to see if you can make a claim. Compare Compensation Claims offers free consultations, so submit an enquiry and let us address your concerns before you make a claim.

Best way forward to make a personal injury claim in Scotland would be, as soon as the accident occurs make sure to talk to a Scottish lawyer and file for a personal injury claim. 

6. Participate in your Medical Appointments

It is very important to attend your medical appointments because this is significant on determining your compensation. Your injury could result in you requiring some specialist medical appointments, such as seeing Orthopaedic Surgeon for bone injuries, therefore you should not miss any appointments. Such doctors, or doctors in general, are very busy people. Hence, any missed appointment(s) could portray the image that you and your injuries are not serious enough and this could result in your claim being dismissed or drastically reduced. You could personally have to pay for missed appointments.

Moreover, the more time wasted will result to additional days in processing your medical reports and injury claim.

7. Only choose Solicitors based in Scotland

If you opt to choose a solicitor outside Scotland to represent you, better prepare yourself for the consequences. A non-Scottish lawyer may have to study the laws and policies of Scotland, which will need additional time. In addition, they do not have rights of audience in the Scottish courts. So, it will be best to choose a lawyer that thoroughly understands the laws of Scotland.

8. Family and Friends should not play a role in determining the amount of your Compensation

Each personal injury claim is different therefore don’t rely on a compensation amount that a family or friend previously received or what they suggest is fair. In Scotland, the amount of the compensation you receive is solely determined by the Scottish courts, such as Sheriff courts or Court of Session. It will be based on the most updated Guidelines for the Assessment of General Damages in Personal Injury Cases. 

9. Do not listen to compensation advice from Insurance companies

It has been an ongoing myth that the insurance's third offer is usually the best one. In some cases, it may be, but it is not recommendable in most situations. Take the advice of your Scottish lawyer before accepting ANY offer. Sometimes, the first offer of the insurance can be higher than that of the court.

Never directly communicate with the third party’s insurers. It is the job of your lawyer to do this. They are the experts so let them handle it.

Another mistake people make is making a claim through their own insurance company lawyers. We suggest, and it is in your best interest, to ALWAYS seek independent advice, so do not get forced to make a claim through your insurance company.

The best way to determine the best offer for you is by talking to your Scottish personal injury claim lawyer

10. Apply for an Industrial Disablement Benefit

If appropriate, you should consider to apply for such benefit. This should be for situations wherein you had an accident at work or are suffering from an industrial-caused disease. 


Compare the best personal injury lawyers in Scotland.

25th August 2016, 15:40

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