If you have been involved in a car accident in Scotland and would like advice and information regarding your possible right to compensation, contact Thompsons Solicitors today. We are the leading personal injury firm in Scotland and can give you free initial advice without obligation on your behalf.
WHIPLASH CAR ACCIDENTS
Our personal injury solicitors bring more than 90 years of experience to the table. We understand the serious impact of whiplash injury and Whiplash Associated Disorder and strive to ensure compensation for lost earnings, medical expenses and rehabilitation and pain and suffering.
WHIPLASH INJURY
There is no doubt that even relatively low-impact car accidents can cause hyperextension and hyperflexion of the neck and spinal cord, potentially giving rise to whiplash injury and the more serious condition known as Whiplash Associated Disorder (WAD)
Thompsons Solicitors is the leading firm in Scotland and can help you pursue your claim for compensation on a No Win No Fee basis, meaning that unless you win your case, you will have nothing to pay. This funding method helps ensure that you have the best chance of receiving compensation without putting yourself at any financial risk.
Thompsons can be by your side to help you claim compensation following a serious car accident and we will ensure that, where negligence has played a part in an accident, you and your family receive the full support you need.For free car accident and whiplash compensation claims advice that is available to you without obligation, call our No Win No Fee lawyers today on 0800 0891 331.
Every year thousands of people are involved in car accidents where they are not at fault. They suffer pain and discomfort and are potentially out of pocket due to the negligence and fault of another individual.
If you are one of them, what should you do? Should you make a car accident claim? How do you go about it?
Making a car accident claim is a big step - and you are right to think about it carefully. To find out more about what is involved, click on the links below, or give us a call on 0800 0891 331. One of our specialist car accident lawyers will be happy to chat things through, free of charge and with no obligation. If you have been seriously injured in a car accident, our expert solicitors for complex claims can provide the expertise you and your family will need.
Steps to Take After a Car Accident
In the immediate aftermath of a car accident, your primary concern should be to ensure everyone's safety and arrange medical care for those in need. Here are the crucial steps to follow:
- Stop your vehicle as soon as possible – it is illegal not to do so.
- Switch off the engine and turn on hazard lights.
- Check for injuries and call emergency services if anyone is hurt or the road is blocked.
- Call the police if any driver involved has left the scene, if you believe any driver is under the influence of alcohol or drugs, or if the accident may have been caused deliberately. Inform the police within 24 hours.
After ensuring everyone's safety, take these practical steps to facilitate any necessary future insurance or car accident compensation claims:
- Collect details of the other drivers involved, including:
- Vehicle registration number
- Driver’s name and address
- Driver’s insurance details
- Note down:
- Names and addresses of any witnesses
- Name of the road where the incident took place
- Names of police officers called and their station
- Accident date and time
- Take photographs of:
- Your damaged car
- Other vehicles involved
- Your injuries
- The car accident scene
CAR ACCIDENT COMPENSATION
Making a claim for compensation can be a daunting prospect, but an experienced car accident lawyer will be able to guide you through the process and advise you on the best way forward.
Thompsons' car accident lawyers are experts in advising people who would like to make a car accident claim. We have an excellent success rate - we win over 90% of our personal injury cases - and recover over £1 million every week for our clients.
If you have had an accident, even if you are unsure whether you would be able to claim, contact our No Win No Fee lawyers today.
WHAT YOU CAN CLAIM FOR WITH THOMPSONS
At Thompsons we will investigate your claim to ensure you receive the maximum compensation you are entitled which will include:
- Pain and suffering
- Wage loss sustained as a result of the accident
- Future wage loss where you are unable to work as a result of the accident
- Out of pocket expenses such as: prescription charges, mileage to and from hospital and doctor appointments
- Any excess on your insurance policy
- Care and assistance from relatives who have helped you following on from the accident
- Diminution – the amount by which the value of your car has been reduced because it has been involved in a crash
- Car Hire - Why should you have to drive a lesser, more basic car while your vehicle is being repaired because of an accident that was not your fault? You shouldn’t. The law says that you are entitled to have use of exactly the same type of car as your own one while it is being fixed. Our dedicated team will arrange for the same make and model of car as your own to be delivered to your door within 24 hours of the accident and for your damaged car to be taken to an approved bodyshop, to ensure that the repairs are carried out by the experts.
Proving Negligence in Car Accident Compensation Claims
While a criminal conviction can help prove negligence in a civil case for damages, you can still claim compensation even if the driver is not prosecuted.
Standards of Proof
The standards of proof differ between criminal and civil cases:
- Criminal Cases: The standard is "beyond reasonable doubt." If there is any doubt about the person's guilt, the case may not succeed.
- Civil Claims for Damages: The standard is "on balance of probabilities." This means the court must conclude it is more likely than not that the event occurred and that one or more parties are liable.
This lower standard means a driver might not be criminally culpable but can still be held responsible in a civil case.
Civil Claims and Proof
Our expert car accident lawyers can help you navigate the complexities of providing proof and building a case based on the balance of probabilities. Even if a driver isn't prosecuted, they may still be liable for your injuries.
Criminal Prosecutions and Witness Statements
If you're injured in a road accident where the driver is prosecuted, you might be called as a witness. Keep all documentation and inform your solicitor about the hearing. Evidence and witness statements from the criminal case can support your civil claim.
Talk to Thompsons Today
Please do not hesitate to contact our specialist accident compensation lawyers and we will be happy to meet with you for a free consultation to discuss your car crash compensation claim.
Road accident compensation claim FAQs
If you, or a loved one, have been injured in a road accident as a passenger, while riding a motorcycle or as a pedestrian, Thompsons solicitors in Scotland can answer all your questions about making a claim.
You can make a compensation claim for injuries sustained in a road accident providing you meet the following criteria:
- You have received an accident injury diagnosis from a GP or hospital doctor and it details the suffering you have experienced.
- Some other party was at least partially responsible for the incident in which you sustained the injury i.e. the driver of a vehicle or the driver of a vehicle you were the passenger in/on.
- The accident occurred less than three years ago – if you were under 16 at the time of the incident you can make a claim for the injury at any time within three years of the date on which you turned 16.
All public transport and passenger transport companies, including bus, train, coach, ship, taxi and airline operators, have a duty of care to their passengers and wider road users in respect of health and safety.
Public transport passenger accident claims can sometimes be complex; the advice of a good personal injury solicitor will ensure that your claim is made against the right defendant.
Making a claim for compensation is a relatively straightforward. All you need do is contact a personal injury lawyer with details and evidence of the accident and details of your injury diagnosis.
When you contact Thompsons, we will look at the information and be able to tell you fairly quickly the likelihood of success and offer guidance on the next steps.
If you were involved in a road accident in Scotland, but you don't live here, it can be difficult to know where to make the claim. There are three different legal jurisdictions in the UK: Scotland, England and Northern Ireland.
Regardless of where you live, if you suffered your road accident in Scotland, you should use a Scottish personal injury lawyer to claim in Scottish law.
In Scotland, there is a strict time limit of three years from the date of the incident which caused your injuries for you to start a claim. After three years the claim will be time-barred.
However, if you suffered your injury when you were under 16 and have not already been compensated, you have three years to claim from the date on which you turn 16.
Insurers of defendants involved in car accident claims sometimes offer to deal with the claim on your behalf or offer you a settlement before you've had a chance to obtain legal advice.
However, there is no substitute for independent legal advice and you are under no obligation to accept the defendant's offer of assistance with legal representation or a settlement. Speak to Thompsons as soon as you can as we may be able to help you achieve a better settlement.
Your solicitor will need a variety of information including:
- details of any relevant police report
- medical diagnoses of your injuries
- names, addresses and telephone numbers of any witnesses to the accident
- details of costs incurred as a result of your injuries: receipts for prescriptions, medical equipment and travelling expenses
- details of lost earnings
The more evidence you have the better, so if you have witness statements and/or photographs taken around the time of the accident, these could be useful so you should show them to your personal injury claim team.
Furthermore, provide your solicitor with any relevant costs caused by your accident. For example, receipts for prescriptions, medical equipment and travelling expenses.
The answer to this question depends on the full circumstances of your case. All cases are different and the amount of damages awarded will be based on the extent of the injuries suffered and the effect it will have on your future life.
One of the key factors in a court's decision will be the extent of your injury and how much it has impacted your life in terms of pain and suffering. Related compensation is referred to as solatium or general damages and includes the loss of physical and mental capacity to do things you could do before the accident (known as loss of amenity).
The total award will also include other sums for financial losses, known as special damages or patrimonial loss. For instance, if your injury has caused you to lose income, or you have had to pay for treatment costs, care expenses, and expensive equipment, then you can claim for these.
In the event of a death following a road accident, anyone who was financially dependent on the deceased, such as their children or surviving spouse, can claim for loss of support.
Personal injury settlements can vary from less than £3,000 for mild soft tissue injuries to six or even seven-figure sums for the most serious head or spinal injuries. Your settlement will depend on your injuries, your recovery time and the circumstances of your accident.
