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If you’re thinking about making a personal injury claim, you probably have questions before deciding whether to speak to a solicitor. From understanding how claims work to finding out what they might be worth, knowing where to start can make the accident claim process feel much clearer.
Our personal injury solicitors answer some of the most common FAQs we receive from people across Scotland. Whether you’ve recently been involved in an accident or are simply exploring your options, this guide provides straightforward answers to help you make an informed decision with confidence.
In this guide, our personal injury solicitors answer the questions we are asked most often about making a personal injury claim in Scotland, including costs, compensation, the claims process, communication and what happens if you decide not to continue.
- How do you decide if my personal injury claim is worth pursuing?
- If you don’t take on my personal injury claim, what should I do?
- How much does making a personal injury claim cost?
- What experience do you have with my type of personal injury claim?
- I’ve never done this before – will someone guide me through the process?
- Can I easily get a hold of someone if I have questions? How often will you contact me and how?
- How much will I get?
- I changed my mind and don’t want to claim anymore. What happens next?
How do you decide if my personal injury claim is worth pursuing?
After speaking with you about the details, we’ll assess your case based on:
- The type of case. We only specialise in pursuer personal injury claims.
- If it happened in Scotland. We can only work under the jurisdiction of Scots law.
- If the accident happened in the last 3 years. If not, we can’t take it on as 3 years is the time limit set by law. See: How long do you have to make a personal injury claim?
- The accident details. Some reasons a claim might not be viable: no one was injured, there isn’t enough evidence to prove exactly what happened, or if the accident was 100% your fault.
If you don’t take on my personal injury claim, what should I do?
You can contact another solicitor to see if they’ll take on your case. The best way to do this is to use the Law Society of Scotland’s Find A Solicitor tool.
What experience do you have with my type of personal injury claim?
We have been specialising in pursuer personal injury claims since we first opened under the name Gildeas Solicitors in the 1980s. Our dedicated team have dealt in a broad spectrum of injury claims for decades, covering everything from minor bumps to complex accidents resulting in six-figure settlements.
We are grateful to have specialist trauma-informed lawyers, capable of navigating your claim with empathy and compassion. We’re also lucky to have access to our in-house Solicitor Advocate, Fergus Thomson – meaning we’re able to represent clients in some of the highest courts in Scotland.
- Cycling accidents
- Motorbike accidents
- Complex and fatal injury claims
How much does making a personal injury claim cost? What is your fee arrangement?
We work on a no-win, no-fee basis – also called a conditional fee agreement.
This means we only ask for a fee if your case is successful. You should know that all Scottish personal injury solicitors fees are capped, in keeping with the law.
On occasion, we might ask for an initial fee to offset costs. For example, in particular medical negligence cases where a more extensive or specialised medical report is required before the case can begin.
We will always be upfront about such costs if this applies to your case.
I’ve never done this before – will someone guide me through the process?
Most of our clients have never needed a solicitor before, so we know it can give some anxiety when you’re new to the process.
You will have one person dealing with your claim from start to finish.
This means that unlike a bigger firm where you could potentially have a revolving door of personnel handling your case, we can get to know you and tailor our service to your specific needs – and we can act more quickly for you too.
Your dedicated case handler will explain what’s happening throughout every step.
Plus, we also have easy to follow guides on what happens next in your personal injury claim, so you’re never left guessing.
Can I easily get a hold of someone if I have questions about my personal injury claim? How often will you contact me and how?
We aim to answer new enquiries within 24 hours (unless there’s a public holiday, etc). We’ll contact you in whatever way works best for you.
Most of our clients prefer phone or email, but we also use Whatsapp or text.
Do I need to give evidence?
Yes, we need evidence to prove your case. We also legally need proof of ID to show who you are. This can look like:
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- An official signed written statement of what happened
- Photos of damage done to your vehicle, photos or receipts of damaged kit such as bike helmets, photos of your injuries, photos of road defects or faults
- Medical evidence such as your GP records, hospital discharge notes, etc
- Bank statements, receipts, or other evidence – used for example if you hire a vehicle
- Payslips, or if you’re self-employed then evidence of your accounts to show if you lost earnings
- Drawings or diagrams of the accident location, etc
You can send this by email or let us know over the phone.
Will I need to go to a medical appointment? Why?
It’s very likely, yes. We need to find out how badly you were injured, how long your injuries affected you for, and if there are any ongoing symptoms that will remain throughout your life.
We do this by asking an independent medical examiner to meet with you.
How much personal injury compensation will I get?
This is one of the most common questions we get asked, and understandably so. Unfortunately, there’s no simple answer.
How much you receive depends on many factors – the seriousness of your injuries, how long you suffered for, and whether you’ve taken time off work, to name just a few.
For more detail, check our post: How much will I get?
I changed my mind and don’t want to claim anymore. What happens next?
Yes, we have a cooling off period which you’re legally entitled to. However – if you’re past the cooling off period, you may be charged for any work we’ve undertaken in your case.
You can read more in our Terms & Conditions.
I’m not happy. Can I switch solicitors?
Legally, you can only be represented by one firm of solicitors.
We would always ask that you direct any feedback to your file handler who is your first point of contact. If you want to raise anything further, you can find contact details for our legal team here: Meet the team.
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.