At the same time, you may also be coming to terms with the nature and extent of your injuries and facing potentially long-term rehabilitation. If someone else was to blame for your injuries, you may be entitled to make a claim for compensation to help you recover your losses and assist with your recovery.
Whether your injury is as a result of an accident at work or a road traffic collision, there are a number of steps which will have to be taken to successfully recover compensation.
In this article, we will explain:
- How to choose a personal injury lawyer;
- Who is to blame;
- What your injuries are;
- What your claim is worth; and
- How your claim will progress
Step One – How do I choose a personal injury lawyer?
You are entitled to choose your own solicitor to represent you. It is important that you take time to consider who you wish to instruct. The process of making a claim can take several years, particularly if your case is complex. It is important to instruct someone you feel comfortable with, who is able to provide support and get the best outcome for you.
Step Two – Who is to blame?
We will need to establish who is to blame for your injuries. In order to be successful in making a claim, it must be proven that your injury was caused as a result of negligence, in other words, someone else was at fault. For example, if you were involved in a road traffic collision due to another driver not paying attention and veering onto your side of the road.
We will require to recover evidence to support your claim. This may include an accident report, photographs, CCTV evidence, witness statements, and medical records. It is important that you keep a note of any evidence which may support your claim such as contact details for witnesses, or photographs of the area where the incident occurred.
Step Three – What are your injuries?
It is important that you seek medical attention as soon as possible. Regardless of the type of accident you are involved in, you should ensure you are seen by a medical professional to receive the appropriate level of care. It can be helpful to take photographs of your injuries at an early stage of your recovery and as they heal as evidence, as you may have made a full recovery by the time you pursue a personal injury claim.
The third step in progressing a claim is to establish what injuries you sustained. We will recover medical records from your GP and hospital, which will include a record of the injuries you sustained and your treatment. We will arrange for an independent medical expert to review the records and meet with you. They will prepare a report detailing your injuries, their impact on you, any treatment recommendations, and your prognosis.
Step Four – What is my claim worth?
The next step in our investigations is to consider the damages you are entitled to. We will take into account all elements of your claim when calculating the compensation you deserve, including: -
- Pain and suffering- the first element of your claim will be to compensate you for the pain and suffering you have experienced as a result of the accident now, and in the future. The expert medical opinion will allow us to advise you on the level of damages you are entitled to.
- Treatment costs - you are entitled to include the cost of any medical treatment you require following an injury, such as physiotherapy or counselling. This will include any treatment recommended in the future.
- Loss of earnings - you may require time off work following an accident, resulting in loss of income. This can be included in your claim, together with any future losses you will incur if you are unable to return to the job you held before your injury.
- Assistance and care - you are entitled to include a claim for any assistance and care which has been provided to you by relatives following the accident, along with any future care needs you may have.
- Adaptations to your property - depending on the severity of your injuries, you may require adaptations to your home, such as alterations to your kitchen, bathroom or entranceways. These costs can also be included in your claim.
- Any financial losses or costs - you may incur other out-of-pocket expenses like travel expenses to and from hospital appointments or over-the-counter painkillers. We can include these costs within your personal injury claim.
These are just some of the heads of claim which may be payable. Our experienced team will assess your case so that we can provide you with specialist advice to maximise the damages
Step Five – How does my claim progress?
Once we have obtained all the information required to value your claim, the next step is to notify the person to blame for your injuries that we are instructed to investigate a personal injury claim. Provided they accept they were at fault for causing your injuries, we will seek to negotiate resolution of the claim. In the event that we are unable to agree settlement of the claim, agree the value of the claim, or agree where the fault lies, it may be necessary to raise a court action.
For specific, tailored advice on a potential claim, please contact the MFMac Personal Injury Team. You can also call 0131 247 1000 for a free, confidential discussion.
