What do you stand to lose if you do not make a claim for personal injury compensation in a situation where that would be a realistic option for you? In this article, we will consider 3 ways you can lose out if you don't make a personal injury claim. The general principles here may be obvious but probably not all of the details will be known to you already. Knowing these things is an important part of your "informed consent" - i.e. having all the relevant points to hand before making your decision: to claim or not to claim. Firstly, we will look at your “loss” due to your failure to give yourself the benefit of monetary compensation. In fact, that loss does not just apply to you; it can apply to others who would have to rely on you making a claim in order for them to be compensated as well. Secondly, we will discuss the fact that you only have the choice to make a personal injury compensation claim for a limited period of time. The right does not last forever. Once the right Continue Reading
Articles from our blog on the Claims Process
Below are articles from our blog which relate to the topic of the Claims Process.
Please also see our main page on the Claims Process
When you are accused of lying about your personal injury claim
Traditionally, age brings with it wisdom – and the respect of others. But what if you’re 84 years old and you’re accused of telling lies "in court"? It's one thing to exaggerate, for example, medical symptoms caused by an accident - but to invent them? Here's an anonymised true story of a case we dealt with and how a scenario of that nature played out in practice. Our client was injured after she fell into an excavation that had been made by a national utilities company. It was right outside her garden gate. There were no warning signs in place. Our client had a registered sight impairment. She opened her gate, minding her own business, took one step and suddenly down she went. After her accident, the utilities company covered the trench with hard plastic matting so it was impossible for pedestrians to fall in. If they had done that before the accident, it could not have happened. We alleged that the utilities company had been negligent and that had caused our Continue Reading
How the Cost of Living Crisis affects the Value of Your Personal Injury Claim
In July 1971, a sliced white loaf of bread would have cost you 10 pence. In July 2021 the cost would have been £1.06. The Retail Price Index ("RPI") shows an average cost for the same loaf of bread as £1.36 in July 2023. The rise in prices over time is known as inflation. It can also be described as the decline of purchasing power over time. In the present Cost of Living Crisis, the upward trend in prices is affecting most things and that includes personal injury compensation (compensation also sometimes referred to as “damages”). The injury part - for the "pain and suffering" associated with the injuries - of a personal injury compensation claim is just one element of the value of the claim as a whole. Other elements can include wage loss and necessary travel expenses. In this article, we are only discussing the injury part of personal injury claims. This can be variously described as "pain and suffering", General Damages and solatium. Continue Reading
How pain and suffering valuation guidelines underpin personal injury claims
What do you do if you’re sailing and your mast breaks? In the 2013 Atlantic Rally for Cruisers, in which small sailing vessels travel from Gran Canaria to the Carribbean, that happened to one of the participating boats. Pollux, from France, with her 2-man crew was only 140 miles from her final destination of St. Lucia, when she was dismasted in a heavy squall. The crew did not panic. Applying the concept of ‘jury-rigging’ – a term used to describe the actions of makeshift running repairs made with only the tools and materials on board – they rigged a windsurfing sail as a temporary replacement on their remaining “half mast”. It helped that the final stretch was downwind and, in the end, they lost remarkably little time because of the mishap. A few adaptations and they still achieved the desired result – getting “home”. But without the enforced adaptations they would not have made it to their destination. In valuing personal injury claims in Scotland, it can sometimes Continue Reading
What all can you claim for with a personal injury claim?
The style of lettering you use for words can have life and death consequences. Research by the AgeLab at Massachussetts Institute of Technology (MIT) has noted how car dashboard interfaces, if designed correctly, should minimise the amount of time the driver has to spend looking at them. The longer you take to work out what's on the screen, the less time you're looking at the road. Some typefaces are rigid and uniform. Their letters and numbers can look highly similar to each other. But other typefaces have much more open spacing and varied letter shapes. These latter fonts can shave precious milliseconds off the time drivers spend looking away from the road. Getting this form of visual communication right is important because the consequences for vehicle travellers' safety could be serious. With personal injury claims, one thing you need to get right in order to avoid potentially serious consequences is the valuation of the claim. With personal injury claims, your Continue Reading
Deciding how best to respond to a Minute of Tender in practice
Tea drinking is a national pastime in Nepal. They have all sorts of teas - sweet, butter, hot, cold, black, white. The ritual with tea is that, when offered tea, you decline it and your host insists that you have some. No matter how much you say no, they still insist that you have it. So you drink it. In other words, it's a situation with drink consumption where "no" means "yes". With personal injury court actions, as the claimant, if your opponent offers you settlement via a Minute of Tender, you want to say "no" (because you always want them to make you a better offer). Unfortunately, you might find that however much you say "no", depending on the level of offer, your legal adviser may have to insist that you say "yes" and accept it. It's one of the situations that can happen with Minutes of Tender. You think your personal injury claim’s worth £20,000 but you’ve got a formal offer (Minute of Tender) in your court action to settle at £10,000. Should you accept the Continue Reading
Do you have any of these misconceptions about time limits in personal injury claims?
“The room is full of steam from the kettle but you still make the tea.” These were words of my school chemistry teacher. What was the point? That a small volume of water produces a large volume of steam. If you put water on to boil for a cup of tea but then get distracted by something else, you may return to find the room filled with steam but there will probably still be enough water left to make your brew. This idea that you can forget about something for a while, come back to it and the outcome will still be okay seems to be one that many folk with possible personal injury compensation claims have too. The problem is that personal injury claims are up against a hard deadline. In most cases, that deadline is 3 years from the date of the accident/injury. If you don’t settle your claim by negotiation within the 3-year period, you’ll have to raise a court action to keep the claim alive beyond the deadline - or lose the right to claim forever. It’s inevitable Continue Reading
6 reasons why you should not let the stress of making a personal injury claim put you off
We get stressed about money, reputation, safety, relationships, life changes… Life changes are a journey. And they’re journeys that usually involve stress. By the end, you're a different person. Both elements – change and stress – play their part in the transformation process. Personal injury claims are stressful. In this article, we’ll look at the nature and causes of the various stresses. Then, having considered these ‘problems’, we’ll list out the ‘solutions’ - the reasons why, nevertheless, you should go ahead with a personal injury compensation claim. Getting injured creates its own acute stress at the time. Often, there’s immediate severe pain. Beyond that, you have a loss of independence – with increased dependence on others. And also fears for the future: will you recover to full fitness? Most people seek legal representation for a personal injury compensation claim after the acute phase of the injury is over. Perhaps after you get out of hospital or after you Continue Reading
Claiming for wage loss when you are not losing any wages
You don’t usually get something for nothing. We’ve talked about that issue before when answering the question: How does your personal injury solicitor make money if they do not charge you anything? In the context of a personal injury compensation claim, claiming for wage loss when you are not losing any wages sounds like getting something for nothing – getting a windfall - but it’s not like that at all. To understand how you might claim for future wage loss when you’re not currently losing any wages, we need to consider 3 things, which we’ll do in the remainder of this article. Firstly, how is wage loss normally calculated? Secondly, in what circumstances, might you be able to claim wage loss when you’re not losing any wages? And, finally, how is the calculation made? Let’s look at wage loss claims generally, for a start. If you have a personal injury claim, wage loss may be an important part of your claim. It may be the main reason you decided to make a claim at Continue Reading
Don’t let your personal injury claim get thagomized (by getting a move on now)
Do you know what a thagomizer is? The thagomizer is an arrangement of 4 to 10 spikes on the tails of dinosaurs such as the Stegosaurus. The pointy bits provided a defensive weapon against predators. Stegosaurus was a herbivore. With a toothless beak and small teeth, it was not designed to eat flesh. Legendary cartoonist, Gary Larson, coined the term ‘thagomizer’ in his 1982 image of a caveman giving a PowerPoint presentation to colleagues and telling them it was so-called “after the late Thag Simmons”. Poor Thag. ‘Thagomizer’ has come to be adopted as an informal anatomical term. It’s used on the Stegosaurus display at the Smithsonian Institute in Washington D.C.. Clearly, Stegosaurus had a mighty sting in the tail, if required. Personal injury claims can have a sting in the tail too, if you don’t watch out. The cruel defence is one of ‘delay’. Wait too long and your claim will become unenforceable and lost forever. As we have discussed elsewhere, the Continue Reading
Personal Injury Claims True or False Quiz
Here are 12 questions about personal injury claims in Scotland. There are some local, Moray elements thrown in too. This covers things like: At the end, we'll tell you your score and the answers. Should have any questions at all, please get in touch with us. All enquiries are free of charge and without obligation. See the article HERE, if you want to understand more about what will actually happen if you get in touch with us about making a personal injury compensation claim in Moray. Continue Reading
Why staying power is important if liability for an accident is denied
This is a case study of an injury claim arising from a pavement tripping accident. We’ll go through the stages of the claim from intimation of claim to the point where insurers admitted liability. It was not a straightforward process. In our experience, that is not unusual. We hope this will give you an illustration of what can happen with a personal injury claim for tripping injuries. The facts show why perseverance with a claim may be necessary. Here’s a photo of the pavement where the injured person fell. At the time of the accident, the injured person was walking into the photo (i.e. away from the cameraman). The injured person's left foot went down on the edge of hole at a point where it was about 3cm deep. This caused them to go over on their left ankle and suffer an inversion injury to it. Scottish local authorities generally have a duty to repair pavement defects once they produce a height difference of more than 2cm (20mm). This is a height difference Continue Reading