The answers to some of the most common questions about personal injury claims.
- Is there a time limit to making a claim?
- Do I have to pay legal costs?
- The other driver was not insured. Can I make a claim?
- How Long will my claim take?
- What can I claim for?
- Will I have to go to Court?
- How is my compensation calculated?
- I’ve been offered compensation by the other side’s insurers, should I take it?
- I think I was partly to blame. Can I still make a claim?
- How do I make a claim?
Is there a time limit to making a claim?
Yes.
You normally have three years from the date of your injury to make your claim. So, you could start your claim 2 years and 364 days after the injury in theory, but this is not advisable given the length of time it can take to get proceedings underway. It is worth noting that injuries abroad may be subject to an even stricter time limit. With certain types of injury, normally work-related (Asbestosis, deafness, Vibration White Finger etc) the three year period can be elongated. Contact us for more information if you think this applies to you.
If the injured party is a child, the three year period runs from their 18th birthday, not the date of the injury.
Do I have to pay legal costs?
No. Dallas McMillan operate on a No-win, no-fee basis.
This means that it if your case is unsuccessful, you do not pay us a penny. If your case is successful, we will reclaim our costs from the other side.
The other driver was not insured. Can I make a claim?
In the event that you are injured in a road traffic accident, but the other party was not insured, your claim will be made against the Motor Insurers Bureau. As such, you will still receive compensation of the other party is found liable.
How Long will my claim take?
Again, this depends on the complexity of the case. Simple, straightforward cases can take a matter of weeks. More complex cases may take in the region of 6 months. Dallas McMillan’s personal injury experts will be able to advise you of a likely time frame for your action.
What can I claim for?
See our What type of injury can I claim for? and our What can I claim compensation for? pages for more information on this.
How is my compensation calculated?
Your compensation is assessed based on a number of factors, including the type of injury, its severity, the lasting impact it will have on you and the cost of treating it. You may also be able to claim compensation for the psychological and emotional consequences of your injury. This last kind of compensation is known as ‘solatium’. Compensation is worked out using a definite scale known as the Judicial Studies Board Guidelines for Personal Injury Claims (The JSB Guidelines). These are based on historical awards for injuries of a type similar to yours. You should keep a note of any expenses you or your carers incur in connection with the injury as these may be reimbursed by the other party.
Will I have to go to Court?
Most claims will be settled before court action is necessary; however some do end up in court. Much of the process of a compensation claim consists in negotiation between the two parties legal representatives. On the rare occasion you do end up in court, our expert personal injury solicitors will advise and assist you through every step of the process.
I’ve been offered compensation by the other side’s insurers, should I take it?
No. The insurers will begin by offering you a settlement far below that which the JSB guidelines would recommend. You should seek legal advice before you accept an offer of settlement.
I think I was partly to blame. Can I still make a claim?
Yes. If you are found to have contributed to the circumstances which caused your injury, your compensation will be reduced. If you are found to have been 50% to blame, you will receive 50% of the compensation to which you would have ordinarily been entitled. Who pays my compensation? Your compensation is paid by the losing party. In most claims, the compensation will be paid by the other side’s insurers. So, if you are making a claim against your employer, you have nothing to worry about.
How do I make a claim?
Get in touch with Dallas McMillan as soon as possible. We can advise on all aspects of your claim, take you through the process and give you an estimate of the likely timeframe and award.
Contact our expert personal injury solicitors today
Based in Glasgow, our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win no-fee service. Contact us today on 01413336750 or, alternatively, complete our online enquiry form opposite.
