How to Make a Personal Injury Claim in Scotland
Posted: June 27, 2014
Posted in: Personal Injury
The award of damages in a personal injury case is to put the victim in a position they would have been if the wrongful harm had not occurred. The award is not to penalize the defendant party, but to aid the victim in their recovery. This is known as by the Roman law phrase, restitutio in integrum. This injury may be physical and/or psychological. Injuries happen often and many individuals do not know how to properly file a claim against their employer (in the case of workplace injuries), the individual who caused them harm, or the place of business, which the harm occurred.
What Action is needed if Injured?
File a claim and several options are available. The first and most important is to inform an individual of authority. If involved in an accident outside of work or any workplace, inform the police. If sustained at work, inform the employer. Seek help from a qualified physician to document your injuries. And collect evidence, after the sustained injury; take notes to aid in your claim.
Which Types of Information is needed to file a Claim with a Solicitor?
Several key pieces of information must be collected when filing a claim against the defendant party: the date of the accent, how it happened, contact information for any witnesses, details of injuries (this may include a medical diagnosis), any union affliction, proof of loss of earnings (if such occurred), insurance policy information, and any other information, which the injured believes will be of service to the solicitor. It is of utmost importance all information is detailed, it will assist in the solicitor’s attempt to successfully win the suit.
Do I have a Claim and What Types of Compensation am I entitled?
If the victim believes they have a claim, court proceedings must be issued within three years. A claim of pain and suffering either from a physical or psychological injury is known as “solatium,” whilst a claim for medical bills, loss of earnings, property damage, and any other financial hardship is known as “patrimonial loss.” Both may be sought whilst filing a claim against the defending party.
Do not shy from hiring a solicitor due to cost – we work on a no win, no fee basis* to give you the most financial stability possible without restricting your access to justice.
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