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Personal injury litigation in Scotland – When should I consult a solicitor?
What is personal injury?
If you have suffered loss, injury or damage through the fault of another party – either an individual, company, group of individuals, public body or organisation then you may be entitled to claim damages.
When might you be eligible to claim?
The types of claims for personal injuries are many and varied and can include events such as from road traffic accidents (RTA) or accidents at work or in public places. They also include fatal claims where a loved one has died through the fault of another.
The key element is that the loss, injury or damage that you have suffered must have been caused by the fault or negligence of someone else. The duty of care owed to you by someone else varies depending on the circumstances of each case and the role of the party at fault. This is why it is important to get comprehensive from an appropriate solicitor at an early stage.
Is there a time limit?
In Scotland, the time limit for you to bring a claim for personal injury damages is three years. Depending on circumstances, this can start from the date of either the accident where you suffered the loss or injury or from the date when reasonably you were aware that your personal injury or loss arose from the negligence of the wrongdoer. There are exceptions to this time limit, but if you do not raise court proceedings within the correct period, your entire claim can – except in exceptional circumstances – be lost forever. That is why it is essential that you consult a solicitor as soon as you are aware that you may have suffered loss.
What is the basis for personal injury claims?
The overriding principle in personal injury claims for damages in Scotland is that the party at fault (often their insurer) should return the injured party back to the position they would have been in prior to the accident.However, this principle necessarily has practical limits. Compensation is based on previous cases. This means that case law is applied on the evidence of each case guided by previous awards for similar situations. Therefore, for some injuries no amount of money will be adequate compensation for the loss, injury and damage suffered (e.g. losing a loved one).
What may I be entitled to as compensation?
What you may be entitled to receive as compensation is known legally as Heads of damages. These vary, and can be compensation for the injury itself, or for a number of other reasons listed below.
- Loss of earnings because you cannot work, or have had time off work to recover due to injury.
- Compensation to cover costs to provide services for your family which you used to do, or services your family now have to do to support you.
- Pension loss when unable or with a reduced ability to work.
- Impact on your future earning capacity, e.g. you may have to a different job following injury., or require support from your family or others.
As this list is not exhaustive it is important to seek legal advice on what you can claim for, and what the value of such a claim may be.
When should I consult a solicitor?
It is never too early to seek legal advice on your circumstance and prospects for a claim. Your solicitor will also be able to advise you on what evidence will be required and the process involved.
To find out more about how we can help with your personal injury claim contact Ishbel Nunn on 01224 332419 or email her at ishbel.nunn@raeburns.co.uk.
