Claims Process

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Expert solicitors for complex claims

Serious and fatal accidents are life-changing. When catastrophic injuries occur or if a loved one dies, the outlook can seem extremely bleak. But with Thompsons specialist personal injury solicitors by your side, we can help you fight for justice.

It's true that no amount of money can alter what has happened, but a claim for compensation can not only help to ensure that you are financially provided for at your time of need, it can also serve as recognition of pain, suffering and loss, and may even help to prevent a similar accident from occurring again.

There is nothing simple about making a claim following a serious or fatal accident, but Thompsons can provide the expertise and support you need to proceed with confidence.

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Below we explain exactly what is involved in making a claim for compensation following a serious or fatal accident.

Expertise & support by your side

Life-changing and fatal injury claims are necessarily high stakes and high value, so it is vital that you only ever undertake the process with an experienced, regulated and trusted solicitor acting on your behalf.

Claiming compensation is never an end in itself; instead, it is part of a process that should be designed towards helping you achieve justice, fair settlement and access to the best possible treatment, care, and rehabilitation.

At Thompsons in Scotland, we always make the physical, psychological, emotional and financial wellbeing of our clients, and their families, our number one priority.

From the moment you instruct us, we can help with immediate advice not only about the claim itself but also the range of support and statutory benefits available to you. We subscribe to the Association of Personal Injury Lawyer’s (APIL) Best Practice Guide to Rehabilitation.

We will also perform an assessment of your immediate needs to determine if seeking an interim payment is a suitable course of action to cover your most pressing financial need.

How long will my serious injury claim take?

Claiming compensation for serious and catastrophic injuries, whether resulting from a workplace accident, road traffic incident, or medical negligence, is a process that demands time, effort, and legal expertise. Due to the complex nature and high value of these claims, significant attention to detail is crucial to ensure that the full, long-term consequences of the injury are considered. Thompsons Scotland is committed to navigating through protracted defence strategies, even against major corporations, to secure the fullest compensation for clients, encompassing pain, suffering, current and future losses, and ongoing expenses. Our focus is not only on financial recovery but also on ensuring the best possible treatment, therapy, and rehabilitation for claimants.

The duration of a serious injury claim can vary depending on factors such as the circumstances of the incident, post-incident investigations, and the nature of the injuries. While early resolution is possible if the defendant concedes liability, disagreements on the claim's value can extend the process. Typically, claims may take six to 12 months for swift resolution, but complexities in liability, medical evidence, and disputes may cause delays. Thompsons strives to conclude claims for their maximum value within the shortest possible time frame, balancing the need for thorough assessment with the aim of swift resolution. 

If you or a loved one has suffered a catastrophic or serious injury, contact Thompsons for an assessment of your rights, potential compensation entitlement, estimated resolution time, and the possibility of a No Win, No Fee claim, ensuring protection from financial risks.

How much does it cost to claim for a fatal injury?

At Thompsons Solicitors in Scotland, our commitment to ensuring access to justice for individuals who have suffered serious injury or lost a loved one in a fatal accident is reflected in our straightforward approach to compensation claims. Through our No Win, No Fee agreement, we provide a clear and transparent funding model that eliminates the risk of hidden costs or extras. If your claim is unsuccessful, there will be nothing to pay. With a success rate of over 90%, you can trust that pursuing a claim with us means a reasonable chance of success. We prioritise simplicity and confidence in seeking justice for our clients.

The costs associated with serious or fatal injury claims can encompass various fees and disbursements. In successful cases, a significant portion of the costs is covered by the liable party, with Thompsons' fees capped at an agreed rate. Our fee structure is discussed and provided in detail at the outset of your claim, ensuring clarity. While not all claims qualify for a No Win, No Fee agreement, especially in medical negligence cases, we strive to arrange suitable funding schemes to facilitate the pursuit of justice. Without such an agreement, there is a risk of being liable for costs if the claim is unsuccessful, underscoring the importance of protecting yourself from potential financial burdens. At Thompsons, we prioritise transparency, agreeing on your contribution towards fees in advance, providing clarity on your financial responsibility in the event of a successful case.

How do I claim on behalf of someone else?

Claiming for the serious injury of a loved one can be traumatic .If someone you know has suffered serious, catastrophic or fatal injury in an accident that was not their fault, Thompsons Solicitors in Scotland can help you claim on their behalf. Our experience includes representing claims for the following types of injury:

  • Spinal cord injury
  • Brain and head injury
  • Amputation injury
  • Burn injury
  • Electrical injury
  • A fall from height injury
  • Injury caused by moving machinery

We have experience of making claims against the following kinds of defendants:

  • Hospital trusts
  • Multinational employers
  • Public sector employers
  • Car insurance companies
  • Holiday tour operators

The above types of defendants are often perceived to have powerful legal teams and you may be anxious about making a claim against them. However, Thompsons in Scotland will be on hand to take them on, on your behalf, and will be able to represent you in all contact and ongoing discussion with them. You will never be alone in seeking justice.

Claiming for a loved one who has lost mental capacity

If your family member or loved one has sustained a serious brain injury which has caused them to lose mental capacity, you can make a claim on their behalf under the Mental Capacity Act 2005.

You may also be able to make a claim on behalf of someone else if they suffer mental illness, learning difficulties or have developed an illness such as Alzheimer's or dementia.

If your loved-one has suffered an accident as a result of the actions or failures of another party and they lack capacity to initiate a claim for themselves, talk to Thompsons today to see if we can assist you.

Claiming on behalf of a child

If you are looking to claim compensation for a serious injury sustained by someone who is under 16, you may be able to claim on their behalf by acting as a "litigation friend". A litigation friend is typically a parent, guardian or trusted relative who is able to prove that they will act competently and in the best interests of the claimant.

As such, if the injury being claimed for was potentially caused by the parent – for example, in a car accident – they will not be able to act as a litigation friend.

In a case of this nature, the compensation is awarded only to the injured party – not to the litigation friend. Any compensation award is typically put into a personal injury trust so that the claimant, the person who suffered the injury, will benefit from the money awarded and it will be protected for their future needs. The trust would be managed by a trustee.

Claiming alongside someone who has suffered life-changing injuries 

Even when a person has retained mental capacity following a serious or catastrophic injury, it is not uncommon for a close friend or family member to assist them closely in making a claim, possibly by organising appointments, accompanying the claimant at meetings etc.

The months and years immediately following a serious accident can be traumatic and living with a serious or catastrophic injury can be extremely challenging.

By taking prompt action on a family member's behalf, you can not only ensure that their future financial needs are met but also that, whenever possible and appropriate, they receive interim payment for their most urgent and pressing needs.

Our experienced and sensitive solicitors can help families in this situation secure their full rights under the law and provide guidance and assistance so that they are better able to cope with fallout from the accident as well.

Should you make a personal injury claim for serious injury?

Determining whether to pursue a personal injury claim following a serious accident is crucial for those affected to access optimal treatment, support, and rehabilitation. Additionally, it may be a financial imperative to cover medical expenses, care costs, home adaptations, and specialised equipment.

For example, in cases like an amputation accident, where the defendant might argue that a standard prosthetic is adequate, our amputation claim solicitors consult medical experts to secure compensation for the most appropriate equipment, offering the claimant the best chance for future independence.

Various reasons support making a claim, including:

  • Preventing Similar Incidents: Holding those responsible to account through a claim can facilitate learning and actions to prevent similar accidents in the future.
  • Seeking Justice: Making an accident claim ensures accountability, often the only way to hold the liable party responsible, with financial implications secondary to establishing liability.
  • Ensuring Financial Security: For those facing catastrophic or fatal injuries, claiming compensation becomes essential to cover past, present, and future earnings lost due to the injury, preventing long-term financial disadvantages.

Despite potential reservations due to fears of employer reactions or challenging large corporations, claiming compensation is a civil right for those facing injustice and financial hardship. With the support of experienced firms like Thompsons, the process becomes manageable, stress-free, and transparent. The No Win, No Fee funding model, available for most personal injury claims, shields individuals from financial risks in case of an unsuccessful outcome.

How to start a serious personal injury claim?

The first step is to seek legal advice from an experienced serious accident solicitor. Thompsons Solicitors are widely regarded as the leading specialists in serious and high value personal injury claims in Scotland – we have become leaders in terms of campaigning for and assisting families who are pursuing a Fatal Accident Inquiry (FAI) following the loss of a loved one.

If you call, email or use our online form to get in touch with us with some basic details of your accident, we can quickly help you ascertain whether your case has a reasonable prospect of succeeding.

As an experienced and client-focused firm, we can take you through the important issues step-by-step so that you are able to understand the following:

  • Whether you have a viable personal injury claim.
  • The ins and outs of the claim process.
  • The amount of compensation you are likely to receive.
  • Whether you qualify for No Win, No Fee representation.
  • The likely timescales for making your claim.
  • Whether it is advisable to accept an offer from an insurance company.
  • All your queries about the legal process

Over our decades-long history, Thompsons Solicitors has won multiple awards and earned a reputation for excellence. However, this does not tell the full story. Through our work representing families left bereaved by fatal accidents together with our proud associations with unions, disabled claimants, asbestos claimants and medical negligence victims we have become the natural legal voice of the underdog – we have never acted for defenders in any type of personal injury claims and never will.

Whatever your situation and wherever you are in Scotland, if you or someone close to you has suffered life-changing, catastrophic injuries, or indeed a fatal accident, we can help you ensure that your compensation claim recognises the full scale of your loss.

How much compensation?

The amount of compensation awarded in a personal injury claim will always depend on individual circumstances. These include the following:

  • The level of pain and suffering.
  • Recovery time.
  • Medical and treatment expenses.
  • Care and rehabilitation expenses.
  • Specialist equipment and accommodation expenses.
  • Loss of capacity.
  • Lasting financial impact – including lost earnings and loss of dependency.
  • Whether the injured party bears any responsibility for the accident.

Although it cannot give you an accurate prediction of how much compensation you will receive, Thompsons' online compensation calculator can give you a rough idea of your claim's value. You can find this tool here: Thompsons Scotland Compensation Calculator.

Serious, catastrophic and fatal injuries frequently result in immediate and pressing financial need – this is why we make securing interim payments a priority in any case in which it is both suitable and possible to achieve this.

Serious injury solicitors in Scotland

Thompsons Scotland serves the whole of the country. You can arrange for us to come and see you or you can come to see us in one of our five offices or 18 meeting places. We have main offices in Glasgow, Edinburgh, Peebles, Galashiels and Dundee. See the locations here.

We understand just how difficult and overwhelming it can feel to begin the process of making a claim. However, injured parties and their families have a legal right to compensation and by placing your trust in Thompsons, you can rest assured that we will help you achieve this by supporting who with confidence, sensitivity and expertise through every stage of the journey.

Furthermore, if you qualify for our No Win No Fee package, you can claim with the peace of mind that comes because you know you will be protected from all financial risk.

Talk to Thompsons on 0800 0891 331 today to begin your claim.

Begin the process today

Get in touch with us today so that we can assess your case and arrange a face-to-face meeting at one of our five offices in Scotland, at your home or indeed in a hospital or care facility.

Thompsons Solicitors is an award-winning firm, with many years of experience in claiming compensation for our clients for serious, catastrophic and fatal injuries.

We can advise you on whether you have a valid claim for compensation, and help you through the claims process. We do this on a No Win No Fee basis.

The easiest way to find out if you are entitled to compensation is simply to phone us.

Talk to Thompsons on 0800 0891 331 and one of our specialist claims solicitors will be happy to chat things through, free of charge and with no obligation.

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