We know making a personal injury claim can feel overwhelming.
It’s understandable that you might feel frustrated whilst waiting for an update on your case, and the terms we use can sound unfamiliar to those who don’t have a background in law.
At Gildeas, your recovery is our utmost priority – so we want you to feel in control from start to finish.
Our expert team of experienced solicitors have broken down the claim process below to help give you practical guidance and peace of mind. Because we make personal injury personal.
The first steps
- Whether you contacted us first or have been referred, we’ll complete initial forms to get your details. We can do this over the phone or send them out via email or post.
- We’ll also send our T&Cs and require a form of ID – this could be a utility bill, bank statement, as well as photographic ID such as your driving license or passport. These are required by law for us to comply with anti-fraud legislation.
- After we receive this and you’re still happy to proceed, we’ll then send you an official letter to say we’ve began the claim process. This is called an Intimation of Claim and is sent by email or post.
Establishing what happened
- We’ll ask your account of what happened in our first contact over the phone. We may ask questions such as whether the police attended, if there were witnesses, and if you went to hospital or attended the GP after the accident.
- We’ll then ask you to submit evidence of what happened. This could be photo/video evidence, (e.g., vehicle damage or dash cam footage).
Making an evaluation of the case
- We work on a no-win, no-fee basis. So depending on the information you’ve provided, we may know at this stage if your case has enough evidence to progress. If we’re unable to proceed, we will tell you at this stage.
- If we can proceed, we’ll begin to send enquiries to the third-party insurers (TPI) and any other relevant parties (E.g., the police, or in cases of uninsured/untraced drivers, the MIB). This is to find out what happened from their side and most importantly, to find out who was at fault for the accident.
Building the case
To further build the case, we attempt to collect as much information as possible. We will never attempt to settle your case without obtaining the correct evidence, so that you have as strong a claim as possible.
- After we’ve received vehicle damage photos – depending on the extent of the damage and the circumstances of the accident – we may ask for specialist opinion from an engineer. Their report will help to build our case and establish who was at fault. This can take some time to carry out a thorough assessment.
- There is usually a period of waiting at this point in the process as we build the case. It can take time to hear from the third party and other groups.
Medical evidence is crucial to the case
- We might ask you to sign a form to release your medical records. This is called a medical mandate. We do this to understand what the hospital or GP said about your injuries when the accident happened. These are especially important if the accident happened a while ago and you’re making a claim month or years down the line. Records can take some time to receive too.
- We might ask you to undergo a medical exam by an independent medico-legal specialist. Depending on your injuries and if you’re still recovering, we might wait until you feel better to do this, e.g., until you’re out of hospital. This is typical in any personal injury case and is done so we have an unbiased understanding of your injuries. The expert then provides a report to be used in your case. This can take a while for a number of reasons – e.g., appointment slots with the examiner, or the report could take time for us to receive.
- The examiner might make treatment recommendations depending on your injuries and how you’re feeling after the accident such as certain medication, or specialist help like physiotherapy or counselling. Some of this might not be available on the NHS, so we can refer you to our trusted providers if you wish. These can also take time to organise, particularly if your injuries are more serious.
Negotiations begin
- Depending on the nature of the accident, we may not need extensive medical evidence. With minor injuries and smaller claims, the third party may accept fault, so the case can be resolved quickly. When this happens, we may receive a settlement offer early on. This is called a pre-med offer.
- If we receive a pre-med offer, we will give you our advice and take your instructions on what to do next – either to accept it or reject. If you choose to decline the offer, we’ll give you our legal opinion and then begin negotiating with the third party on your behalf.
- There are many factors which can affect your ongoing claim at this stage. We may require further evidence, or new elements could arise in the claim. For example, when calculating more complex elements of the claim such as your loss of earnings, waiting on responses from the third party, etc.
- In more complex cases, there may be other factors which could affect the claim process – for example, in claims with an untraced driver, or serious injury cases where your life has been significantly changed as a result of the accident. In any case, we’ll ensure you’re kept informed at every stage of the process.
The court process
- The majority of our claims never end up in court. In the unlikely event that they do, we will ensure that you and any witnesses are completely prepared.
- There are specific procedures for personal injury claims in Scotland, particularly with smaller claims. If your case goes to court, we will fully explain the process with you and what we expect the outcome to be.
Settlement
- Once you agree on a settlement offer, the third party has five weeks to process and send the compensation.
- We then deduct the costs of our fees and any other costs incurred from your case before sending you the final settlement.
You should contact your claim handler in the first instance if you would like to discuss your case or if you have any questions.
You can contact them via email or by calling 0141 331 6071 followed by their extension.
Got a general query? Fill out our contact form or call 0141 331 6070.
This list is not exhaustive and is intended as an informative guide to the process of making a personal injury claim at Gildeas Solicitors only. Our claims process will differ in every case, as it is entirely dependent on your individual circumstances.
We act only for the pursuer and take instructions from them on a no-win, no-fee basis.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal.
Considering our services? Call our dedicated team today on 0141 331 6070.