Injury Awareness Week 2026
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Nobody expects a phone call that changes their life.
A serious injury doesn’t end with the person who was hurt. It reaches further and affects our loved ones, carers, and support networks. It changes our routines, relationships, and futures.
The injury might happen in a short moment. But the consequences last for years.
For #InjuryAwarenessWeek, this year’s campaign focuses on the ripple effect of injury and the people whose lives are changed alongside it.
Injury Awareness Week 2026 will run from 22nd – 26th June
Injury Awareness Week 2026 aims to raise awareness and give insight into the impact of needless injuries on victims and their families. The campaign is run by the Association of Personal Injury Lawyers (APIL), a national organisation working to make a difference for injured people across Britain.
The APIL’s mission is for a future without needless injuries. We can’t pre-empt every single accident, but injuries caused by someone else’s negligence can and should be prevented.
During this week, we ask people to consider the often catastrophic impact of avoidable injuries, as well as thinking about what we all can do to prevent people from being injured in the first place.
The ‘ripple’ effect of serious injury
This year’s campaign shines a light not only on the challenges faced by injured people, but also on the wider impact on our families, carers and support networks who are often affected too.
The APIL said of this year’s campaign, “More than 430,000 people were injured by negligence last year in the UK, including at work, on the roads, in public spaces, and during medical treatment.
For each one of those injured people, there are several people around them picking up the pieces and feeling the knock-on effect of negligence.”
Our role during Injury Awareness Week
At Gildeas Solicitors, we’ve seen countless preventable accidents resulting from negligence, whether it be from inattentive drivers, employers, in a clinical setting, or in a public place.
The outcome remains the same – a person’s life has been turned upside down, and maybe had its course altered forever, because someone else did not take proper care.
Injuries caused by negligence can be prevented, but it takes a collective effort and a commitment to safety.
Personal injury law provides compensation so that injured victims of negligence can rebuild their lives as best they can. That’s where we come in.
At Gildeas, we’re proud to champion this cause and strive towards a future where people feel safe – and their loved ones too.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
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.
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Personal Injury Solicitors Warn These Summer Accidents Are More Common Than You Think
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Summer is a time for quality time, trips abroad, and outdoor fun – but it’s also one of the most dangerous seasons when it comes to personal injury claims.
With the spike in outdoor activities and travel, the summer months often see a rise in accidents that can leave victims facing painful injuries, lost wages from missed work, and the stress of trying to get back to normality.
From public parks to holiday hotspots, these are the accidents that lead to personal injury claims every summer.
Think summer is the safest time of year? These accident statistics tell a different story
Many people feel that UK holidays are safer because we’re closer to home and can access the NHS if something goes wrong. But is that really the truth?
It’s not always the case. The summer months can be a hectic time for A&E departments, with NHS Scotland recording 264,899 total admissions in 2025 – a 3% increase from the previous year.
Illnesses related to the warmer weather are of course contributing to some of these numbers.
But we see also see a rise in injuries caused by negligence – and the types of accidents that happen are as varied as our summer destinations. For example:
Summer means more people on the road – holidaymakers and tourists, younger drivers on breaks from school or uni, and families headed to national parks to name a few examples.
This increase in traffic naturally leads to more accidents. Other reasons for the increase in collisions can be stress and fatigue from travel, speeding, or driving in unfamiliar areas.
Motorbike and cycling accidents
Longer days and warmer weather encourage people to get out on two wheels. Unfortunately, bikers and cyclists are much more vulnerable than other road users meaning a rise in these types of accidents at this time of year.
The festival period tends to fall in the summer months which is a common place for slips and trips with the combination of crowds, uneven ground and alcohol consumption.
Lots of us may also spend more time at the swimming baths where floors are wet and injury is likely to occur.
Nature is calling – but the outdoors can be unpredictable. Playgrounds, parks, farms and activity centres all increase in visitors during the warmer months.
Summer activities can also result in getting into trouble in the water, or equipment-related injuries. Poorly maintained tour routes, holiday parks, and camping sites can cause injuries too.
Dog bite accidents and animal attacks
Better weather means more people bring their pets out during summer, increasing the chances of dog bites or attacks, especially in public parks or scenic areas.
Many summer accidents happen during everyday activities, but knowing your rights could make all the difference
Sometimes we take more risks on holiday – what the Safer Tourism Foundation calls “holiday head”. However, if you were injured because someone else failed in their duty of care, you may be entitled to make a claim.
Gildeas Director Emma Thomson says, “Under the Occupiers’ Liability Act 1957, local councils and private property owners have a duty to keep visitors to their premises as reasonably safe as possible.”
They can be held liable for injuries due to negligence – meaning you might be able to make a claim for injuries you’ve sustained as a result of using faulty equipment or inadequate supervision.
If an accident spoils your summer plans, knowing the right steps to take could help protect a future claim
At Gildeas Solicitors, we understand how quickly a fun summer can turn into a painful experience.
Whether you’re enjoying a backyard BBQ, heading abroad or just enjoying some of our beautiful scenery at home – it’s important to stay vigilant and know your rights if something goes wrong.
We fight for fair compensation in every personal injury case we take on. With offices in Glasgow and Edinburgh and a robust support team, we’re equipped to take on even the toughest summer injury claims, and we don’t get paid unless you win.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
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.
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What's Really Fuelling Tension on Scotland's Roads? World Bicycle Day 2026
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Every year on 3rd June, World Bicycle Day celebrates the bicycle as a simple, sustainable, and accessible form of transport.
Yet as cycling continues to grow across Scotland and the wider UK, so too does a challenging conversation about how cyclists, motorists, pedestrians, and other road users coexist safely.
For World Bicycle Day 2026, it’s worth examining a growing issue that affects communities across the country, particularly in cities like Glasgow: the increasing division between cyclists and other road users.
While debates around road space, cycling infrastructure, and road safety often become heated, the reality is that everyone benefits from safer roads and greater mutual understanding.
Rising Cycling Accidents Highlight Safety Concerns
Recent figures have brought renewed attention to the risks faced by cyclists on Britain’s roads. During 2025, more than 4,300 people were killed or seriously injured while travelling on two wheels, representing a 14% increase compared to 2024 – the fastest annual rise recorded in the past decade.
At the same time, overall road casualties increased by 4% in 2025, although long term trends still show a slight decline in fatalities and serious injuries. One factor discussed by road safety experts is the deteriorating condition of roads across the UK.
Potholes have become a major concern for motorists and cyclists alike. While drivers often face costly vehicle repairs, cyclists are particularly vulnerable. A damaged road surface that might result in a puncture for a car can cause a cyclist to lose control, leading to serious injury.
In many cases, poor road maintenance presents a shared risk that affects all road users, regardless of how they travel.
Glasgow’s Changing Streetscape
The discussion surrounding cycling infrastructure has become increasingly visible in Glasgow as the city continues to invest in new cycle lanes and active travel routes.
Supporters argue that dedicated cycling infrastructure improves safety, encourages healthier lifestyles, reduces congestion, and helps meet environmental targets. However, not everyone agrees with the approach.
Research into public attitudes towards cycling infrastructure has found that the strongest opposition often is less about cyclists themselves and more about the execution. Many critics argue that public funds would be better spent addressing issues such as potholes and road maintenance before investing in additional cycle lanes.
These concerns are understandable, particularly given the poor condition of many roads across Scotland. However, framing the debate as a choice between motorists and cyclists risks overlooking a simple reality: both groups rely on safe, well-maintained infrastructure.
Understanding the Growing Divide
The relationship between cyclists and drivers has long been a source of debate. In recent years, social media, local news coverage, and online discussions have often amplified frustrations on both sides.
Many drivers feel cyclists should make greater use of dedicated cycle lanes where available. Cyclists, meanwhile, often point to concerns about poorly designed routes, safety issues, and infrastructure that doesn’t provide a practical journey from start to finish.
Another common misconception is that cyclists don’t contribute towards the roads they use. In reality, roads are funded through general taxation, meaning cyclists, motorists, and pedestrians all contribute to the infrastructure they rely upon.
Equally, accusations that cyclists routinely ignore the rules of the road are often met with the argument that dangerous behaviour is not exclusive to any one group. Whether it’s speeding, distracted driving, cycling through red lights, or unsafe overtaking – poor decisions can be made by individuals regardless of their chosen mode of transport.
The challenge is that negative experiences tend to leave a lasting impression. A motorist delayed by a cyclist may develop frustration towards cyclists generally. Similarly, a cyclist subjected to a dangerous close pass may become distrustful of drivers as a whole.
Neither perception accurately reflects the majority of responsible road users.
The Impact of Food Delivery Cyclists
Another factor contributing to tensions in urban areas is the growth of app-based food delivery services. The rise in delivery workers using e-bikes and scooters has changed the way many people experience city centre roads and pavements.
Incidents involving delivery riders have attracted public attention and, in some cases, have fuelled perceptions that cyclists are becoming less considerate or more dangerous. Unfortunately, this can lead to unfair assumptions about cyclists as a whole.
The vast majority of people who cycle, whether for commuting, leisure, exercise, or work, are simply trying to travel safely from one place to another. Isolated incidents involving a minority of riders shouldn’t define perceptions of an entire group.
Finding Common Ground
For all the disagreements that exist, there is considerably more common ground than many people realise.
Most drivers also cycle at some stage in their lives. Many cyclists are motorists themselves. Both groups want roads that are properly maintained, clearly designed, and safe to use.
Reducing conflict requires effort from everyone. Drivers can help by:
- allowing adequate space when overtaking cyclists,
- remaining patient in congested areas,
- and recognising the vulnerability of those travelling on two wheels.
Reducing conflict requires effort from everyone. Drivers can help by:
- following the Highway Code,
- using appropriate infrastructure where practical,
- and showing consideration for other road users.
Local authorities also have an important role to play through investment in road maintenance, thoughtful infrastructure planning, and public education campaigns that promote shared responsibility.
World Bicycle Day 2026: A Shared Responsibility
As World Bicycle Day 2026 reminds us, cycling remains an important part of a modern transport network. Regardless of how you travel, every road user has a role to play in creating safer and more respectful streets.
At Gildeas Solicitors, we understand the serious impact cycling accidents can have on individuals and families.
If you’ve been injured in a cycling accident caused by another road user, dangerous road conditions, or inadequate road maintenance, our dedicated cyclist injury team can provide expert legal advice and support.
This World Bicycle Day, the conversation shouldn’t focus on motorists versus cyclists. Instead, it should centre on how we can reduce cycling accidents, improve road safety, and ensure that everyone can travel with confidence.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
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.
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Business As Usual? World Day for Safety and Health at Work 2026
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World Day for Safety and Health at Work 2026 explores safe and healthy working environments as an essential principle and a legal right.
Observed each year on 28th April, the day helps to raise awareness around the prevention of accidents at work and ill health globally.
Read on as we discuss this year’s theme and detail a case study from a Gildeas client who sustained a life-changing injury at work.
Why do we have a World Day for Safety and Health at Work?
The International Labour Organization (ILO) started the initiative in 2003 to promote safe and healthy work across the world. Every year, they highlight how creating and upkeeping a strong health & safety culture can help reduce the number of work-related deaths and injuries.
And the statistics are shocking:
- Globally, 2.93 million workers die each year as a result of work-related factors*
- 395 million workers sustain a non-fatal injury at work every year
- In the UK, 40.1 million working days were lost due to work-related illness and injury**
- And 964,000 people reported suffering from work-related stress, depression or anxiety
This year’s theme for World Day for Safety and Health at Work is on ensuring a healthy psychosocial environment. A psychosocial environment is another way to refer to your everyday working conditions – for example organisational practices, and how your work is designed and managed. This could be things like your working hours, workloads, amount of support, and if your work has fair and transparent processes.
All of these factors strongly influence how employees experience work, affecting their safety, health and performance.
Some examples of common issues affecting workers:
- Long working hours with no breaks
- Lack of communication and transparency at work, leading to job insecurity or doubt over job roles
- Broader work culture – policies such as monitoring and supervision, lack of procedures to prevent workplace bullying and harassment, or performance & reward processes
- Excessive workloads – high demands, little access to resources, expectations or work pace. This leads to stress causing ill health, cardiovascular diseases, and poor mental health
Psychosocial risks arise from these factors.
How Gildeas Solicitors can help
Gildeas frequently represent clients who have sustained life-changing injuries as a result of accidents at work.
In 2022, Gildeas settled a case on behalf of a client who was employed at an abattoir as a hygiene and line operative. As a result of poor training policies and defective emergency stop buttons on the line, our client suffered a 2cm incision from an accident with a knife. The wound left scarring and psychological symptoms.
Two years later, we represented a separate client employed as a butcher at the same abattoir. Due to poor risk management procedures and a lack of PPE, our client was left with severe lacerations, swelling and bruising which left permanent scarring after he was kicked in the face by a cow.
In both cases, our clients were unable to return to work. Gildeas Director and certified personal injury specialist, Emma Thomson assisted both men and recovered significant provision for their loss of earnings and rehabilitation needs.
World Day for Health and Safety aims to prevent accidents like this by identifying and mitigating risks early. By raising awareness, we hope workplaces can reflect on the importance of safe and healthy working environments, and how we continue to evolve our practices to protect employees.
How do I know if I can claim for an accident at work?
You should take advice from your solicitor. A good solicitor can inform you if your accident circumstances mean you’re eligible to make claim.
Our team deal with hundreds of individuals and businesses alike in accident at work claims.
So, if any of the above sounds familiar to you and you need some help, please contact our specialist personal injury lawyers today.
If you or a loved one is suffering, don’t hesitate to ask for support.
* Figures from International Labour Organisation, 2023
** Figures from Health & Safety Executive, 2024 – 2025
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- Off Work And Skint: How We Recover Your Loss of Earnings
- How Much Will I Get? And 9 Other Questions About Personal Injury Compensation
- What Happens Next In Your Personal Injury Claim
- FAQs
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.
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Credit Hire in Personal Injury Claims: How It Works And What to Expect
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After a car accident, one of the first concerns many drivers face is losing their car.
At Gildeas Solicitors, we understand that after an accident, getting moving and back to your day to day is absolutely critical.
Credit hire services can be a way of solving this problem, offering a temporary vehicle without any expensive upfront costs. But while this service is vital, credit claims need to stand up to being scrutinised in court.
Read on as we explain the key points you need to know.
What is credit hire?
Credit hire is not a company car.
If your vehicle was damaged or written off due to an accident that wasn’t your fault, instead of going to your insurers, you might choose a credit hire company.
They will supply you with a vehicle on a ‘credit’ basis (i.e., a loan) whilst yours is being repaired, or if it’s written off.
What are the benefits of credit hire?
- The innocent person involved in a road traffic accident doesn’t need to make a claim on their insurance and pay an excess – which can be expensive, depending on your policy.
- In most situations, there is no upfront cost. This makes it an attractive option for people who can’t afford to lose their vehicle, or who can’t afford the expense of an alternative.
- A replacement vehicle from a credit hire company usually arrives more quickly than one from your insurers.
- Credit hire companies sometimes have additional benefits, e.g., the company pay to clean the car whilst you have it, or they might give you a small payment towards fuel.
- Credit hire companies also tend to have a larger source of vehicles, so you’re more likely to get a similar vehicle to your own.
How does credit hire work?
Most personal injury solicitors work in partnerships with credit hire companies to offer this service.
You’ll be asked to sign a credit hire agreement with a credit hire company before receiving the replacement vehicle.
The costs of hiring a vehicle are factored in as a part of your claim and recovered from the insurance company of the driver you’re making a claim against.
Key points in proving a credit hire claim:
It’s your solicitor’s responsibility to justify to the court why you needed to hire a vehicle.
That’s why it’s essential that you give accurate information to your solicitor and the credit hire company. You should check both the agreement and their T&Cs before you sign anything.
If your solicitor can’t 100% prove why you needed a hire vehicle, this part of your claim could fall through.
Unfortunately, by law this means that you are then responsible for the costs of hiring the replacement vehicle.
Mitigating your losses in credit hire claims
In personal injury law, there’s a rule which means that when making a claim, you still have a responsibility to make sure any losses you’ve incurred are as minimal as possible – whether it was financial, your injuries, or otherwise.
This is called mitigating your losses and it also applies to credit hire claims. Your solicitor will need to prove to the court why the credit hire costs were reasonable, for example:
Duration:
Even if your solicitor can prove that you 100% needed to hire a vehicle, they also need to justify if the length of time it was hired for was reasonable. If there are unnecessary delays, this could be picked up on by the other side.
Vehicle hire rates:
The court decides on how much of the hire costs to award you. It usually makes this decision based on your income. It’s your solicitor’s job to provide evidence about this. For example, if you couldn’t afford to pay the upfront costs for a hire car, then the court is more likely to award you the full hire costs. The legal term for this is “impecunious”.
But if you had plenty of cash coming in or significant savings in the bank, the court would expect you to have footed the bill to hire a replacement car. This is called being “pecunious”. Being pecunious means you might only be awarded a basic hire rate, or worse – this part of your claim can fall through.
What can I expect if I make a credit hire claim?
If you take up this service, you’ll probably be faced with questions from your solicitor like:
- Why do you use your car – for work, commuting, etc?
- Was there another family car available to you?
- Could you have paid for a hire car with your own money?
- Could you have paid for repairs to speed up the process?
Your solicitor will ask you for evidence to explain your situation, e.g., bank statements.
It sounds daunting but, with your help and co-operation, your solicitor will likely be able to resolve the matter in an efficient manner.
When should I use credit hire?
You should take advice from your solicitor. A good solicitor can inform you when you can use credit hire, and when you might not be eligible.
In conclusion, credit hire is a necessary service – but it must be fair, reasonable and be able to stand up in court when scrutinised by the other side.
Our credit hire team deal with hundreds of individuals and businesses alike in credit hire claims.
So, if any of the above sounds familiar to you and you need some help, please contact our specialist personal injury lawyers today.
If you or a loved one is suffering, don’t hesitate to ask for support.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- Impecuniosity: The Little Known Legal Principle That Could Increase Your Compensation
- Mitigation: Could You Lose Out On Compensation Without Realising It?
- Maximising Your Compensation: A Step by Step Guide
- FAQs
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.
More to explore
Impecuniosity: The Little Known Legal Principle That Could Increase Your Compensation
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After an accident, there’s so much going on.
Your injuries, getting to medical appointments. Having to take time off work.
But what many people in Scotland don’t realise is there’s a little-known legal principle that can have a significant impact on the value of their claim.
It’s called impecuniosity. And in the right circumstances, it can make a massive difference to the outcome of your claim.
What is impecuniosity?
Impecuniosity simply means financial hardship.
In the context of a personal injury claim in Scotland, it refers to your financial situation after an accident. For example, if you were able to absorb certain costs yourself.
Many people fall under the definition of ‘impecunious’ during their personal injury claim. You might too if:
- You don’t have enough savings
- If your income stopped or reduced
- If you had to rely on credit or family support
You shouldn’t be penalised for not having savings
People worry that admitting they don’t have enough savings will weaken their case.
In reality, the opposite can be true. The law in Scotland doesn’t expect injured people to have large sums of money set aside to deal with someone else’s negligence.
If an accident has left you struggling financially, that’s not something to be embarrassed about. It might be an important part of your claim.
Why impecuniosity matters more than you might think
Insurers often argue that injured people should’ve chosen the cheapest possible option when dealing with losses in a personal injury claim.
For example, after a road traffic accident, an insurer might say that you should’ve paid for a replacement car rather than going for a credit hire option.
But what happens if you couldn’t afford to?
This is where the law takes your financial situation into account and impecuniosity becomes important.
If you can show that you didn’t have the financial means to pay upfront, the law recognises that your options were limited.
So if you end up hiring a vehicle for a period of time, it’s justified.
This ‘expense’ can be factored in as a loss in your personal injury claim – putting you back to the position you were in financially before the accident.
Common examples in Scotland
We frequently see impecuniosity issues arise in cases involving:
- Road traffic accidents where a vehicle is written off and there are no savings available to replace it
- Workplace accidents where overtime, bonuses or shift allowances stop immediately after the injury
- Self-employed individuals whose income drops overnight
- Serious injuries that result in long periods on statutory sick pay
In each case, the accident does more than leave you dealing with an injury.
It creates a strain financially. The law recognises that reality.
How do you prove impecuniosity?
If an insurer tries to challenge this, it can mean the difference between recovering your full losses and having part of your claim reduced.
So proving you’re impecunious needs to be supported by evidence.
This could be bank statements, wage slips, proof of savings, or other details of regular outgoings at the time of the accident.
We’re not interested in prying into your life.
The goal is to demonstrate your genuine financial position so that insurers can’t unfairly argue that you had cheaper alternatives available.
When it’s handled correctly – this evidence can strengthen your claim considerably.
Why early legal advice is essential
Impecuniosity is rarely explained by insurers. It’s not something they volunteer information about.
If this issue isn’t raised and properly evidenced at the right stage of your claim, you might lose the opportunity to bring it up later on.
An experienced personal injury solicitor will aim to find out if you could be classed as impecunious or not. They can also further advise you on what documentation is needed.
For clients across Scotland, that advice can be invaluable at a time when you need the most help.
Clarity brings confidence
Understanding how impecuniosity works can remove a great deal of uncertainty –
- It explains why certain costs arise after an accident.
- It clarifies why evidence of your financial position matters.
- And most importantly, it reassures you that the law does recognise the financial realities people face.
If you’re pursuing a personal injury claim in Scotland and are concerned about the financial impact of your accident, it’s worth seeking professional advice.
A clear explanation at an early stage can make a meaningful difference to the outcome of your case and to your peace of mind.
If you or a loved one is suffering, don’t hesitate to contact us for support.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- What Happens Next In Your Personal Injury Claim
- How Much Will I Get? And 9 Other Questions About Compensation
- Maximising Your Compensation: A Step by Step Guide
- FAQs
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.
More to explore
Off Work And Skint: How We Recover Your Loss of Earnings
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We understand how important it is to have clarity when it comes to all the different parts of a claim.
Loss of earnings can be one of the hardest financial impacts after an accident, yet it can seem complicated.
This short guide explains what loss of earnings means, what you can claim for, and how to make sure your losses are properly evidenced.
Can I claim compensation for loss of earnings?
You can claim for loss of earnings if an injury has forced you to take time off work or reduced your potential ability to earn. You can make a claim if:
- The accident wasn’t your fault and occurred in the last three years
- Your injuries were caused by the accident
- You suffered financial losses as a result
What counts as loss of earnings?
A loss of earnings claim is based on net earnings. Loss of earnings in a personal injury claim covers:
- Your take-home pay after tax and NI
- Commission and tips
- Regularly earned overtime pay and bonuses
- Future earnings such as promotions or your pension, e.g., if you were forced to take a lower-paid role due to being significantly impaired after the accident.
- For self-employed people, it can cover lost profits, lost contracts, etc.
How can I prove loss of earnings?
Proving loss of earnings in a personal injury claim requires documented evidence of your income before and after the accident.
Types of evidence we look for:
- At least 3-6 months worth of payslips
- Your contract
- Records of absence such as sick notes, medical records, company sickness records, etc.
- For self-employed people, tax returns, income records, and your profit and loss accounts can be used.
How much can I claim for loss of earnings?
With personal injury, you can claim 100% of provable lost earnings.
The amount is decided based on your take-home pay after tax and NI. For an accurate calculation, especially with future losses or complex self-employment income, it’s best to consult with a personal injury solicitor.
Can you claim for loss of earnings if you get sick pay?
Yes, because a loss of earnings claim allows you to recover wages lost due to absence from work. Your solicitor has a duty to ensure all losses are recovered.
How much can I claim if I received sick pay?
Sick pay is taken off your compensation amount. This is because you would be paid twice for the same period of illness – once from your employer and then again in your claim. How much is taken off depends on the type of sick pay you received and how long you were off work for.
If you are paid Statutory Sick Pay (SSP):
If you only received SSP, this will be taken off your usual wage, and you can claim the difference.
Your solicitor will calculate the total loss of earnings, deduct any sick pay received, and ensure the final settlement accurately reflects your actual financial loss.
If you are paid Contractual Sick Pay (or sick pay from your employer):
Your employer might offer a sick pay scheme that is more generous than SSP.
Some people have a clause in their contract which says that contractual sick pay must be paid back to your employer if you win a compensation claim.
You will need to check your contract or ask your employer for more details.
If your contract has this clause, then the amount should be added to your claim.
For these reasons, it’s important that you contact a specialist personal injury solicitor. If this clause is missed, you could be out of pocket and owe your employer the full amount of the contractual sick pay you received whilst off.
How to claim loss of earnings when you’re self-employed?
You can still make a loss of earnings claim if you’re self-employed. You just need to prove your losses in a different way. Evidence we look for:
- HMRC tax returns, profit and loss accounts, business bank statements from 3 years before the accident to show income trends
- Records of lost work, e.g., cancelled appointments or contracts, invoices, diaries, emails – documentation that proves you lost income due to being injured
- For new businesses, bank statements, contracts and business plans can be used.
- Medical evidence is essential to prove you couldn’t work due to injury.
We highly recommend you contact a specialist personal injury solicitor if you are self-employed.
What steps to take when off sick due to an accident?
If you’re injured due to an accident, you can help prepare for your claim by:
- Telling your employer: Tell your employer immediately about the accident and your incapacity to work.
- Getting a sick note: Get a doctor’s note to prove you’re off sick.
- Gathering evidence: Gather your contract and at least 3 months of pay slips before your accident.
- Seeking advice: Contact a personal injury solicitor to make sure all losses are properly calculated.
Conclusion
Loss of earnings claims can feel complex, particularly when sick pay, self-employment or future income are involved.
We know it can seem like a lot, but with proper evidence and guidance from a solicitor, you can ensure that all aspects of your recovery will be properly accounted for – and you’re not left out of pocket because of an accident that wasn’t your fault.
If you or a loved one is suffering, don’t hesitate to contact us for support.
Claim smarter.
Access our free how-to guide on making a personal injury claim.
Jargon free and designed for you.
More from Gildeas:
- What Happens Next In Your Personal Injury Claim
- How Much Will I Get? And 9 Other Questions About Compensation
- Maximising Your Compensation: A Step by Step Guide
- FAQs
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.
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Mitigation: Could You Lose Out On Compensation Without Realising It?
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If you’ve been injured in an accident, the last thing you want is to lose out on compensation because of a technicality.
But that’s exactly what can happen if you don’t take ‘reasonable steps’ to reduce your losses – something the law calls mitigation.
In this article, we’ll explain what mitigation means, why it matters to your personal injury claim, and how Gildeas Solicitors can help make sure you get the compensation you deserve.
What Is Mitigation In A Personal Injury Claim?
Mitigation means taking steps to reduce the severity of your losses after an accident as far as reasonably possible. This includes your finances and expenses, as well as how serious your injuries are.
The main aim of personal injury law is always to put the claimant back into the position they would have been in if they were never injured.
Whilst the Damages (Scotland) Act 2011 provides a way to recover financially after suffering an injury, it comes with the condition that claimants should take steps to reduce their losses as much as possible.
If you don’t do this, the Court could refuse to offer compensation for the financial losses that could have been avoided – potentially reducing your overall settlement
What Does This Mean In Practice?
Our job as your solicitors is to help you get the maximum compensation you deserve following an accident. We do this by collecting evidence such as medical records, receipts, payslips, and more to support the expenses that you’ve incurred.
The law states that you have a duty to keep those expenses to a ‘reasonable’ level. This can be tricky as each case is different – what might be reasonable in one claim won’t be reasonable in another. This is why the law asks you to act ‘reasonably’.
Basically – have you used common sense in your decision making during the aftermath of the accident and throughout the claim process.
Where Does Mitigation Come Into Play?
Seeking medical attention and treatment
The law states that you should try to reduce your injuries as much as you can. This means, as much as possible you should try to:
- Seek medical attention as soon as possible after the accident. For example attending your GP, calling NHS 24, or calling an ambulance.
- Recover as quickly as you can. You should try to engage with all treatment options available, e.g., medication, physiotherapy, CBT, or other medical treatments.
Returning to work
Losing your earnings due to being off work can make up a significant portion of your claim. The law requires that you try to reduce these losses where possible, for example:
- Taking on different or lighter duties, e.g., in a less physically demanding role
- Working from home
- Reducing hours, e.g., working part time
You should return to work as soon you’re medically fit and able to do so – a doctor or medical expert should advise on this. If a doctor renders you able to return to work but you don’t and you continue to lose earnings, you might not be able to recover these in your claim. In serious accidents, you might need significant time off work or you might not be able to return to work at all. Under these circumstances, the law requires that you look for alternative employment where appropriate.
A real life example
In a recent Gildeas case, our client Mr C was a full-time carer for a man with long-term complex additional support needs.
In the job for over 10 years, it was physically and mentally demanding. After the accident, Mr C was unable to return to this role due to serious injuries to his shoulder, coupled with a serious mental health condition following the accident. He was ultimately diagnosed with depression.
Alongside his care job, Mr C had previously taken on work as a motorbike instructor before the accident. An independent employment expert was consulted in the claim who concluded that Mr C would be better off financially in a customer service role, but Mr C wanted to return to his bike instructor work.
Gildeas argued that retraining and looking for new work wouldn’t be appropriate given Mr C’s mental health diagnosis. The judge decided this was a reasonable choice and the claim was awarded in his favour.
Travel and vehicle use
If you can’t drive following your accident, you should try to mitigate your losses in this way too. For example:
- Driving with breaks in the journey or delaying a journey until roads are quieter, etc.
- Opting to use public transport instead of taxis where you can.
- If your vehicle was damaged, having it repaired as soon as possible.
- Using another vehicle available to you instead of hiring a car – e.g., if your partner or family member has a vehicle you can drive.
- Where possible, opting to get items repaired instead of replaced, such as bike helmets, gear, car seats, damaged mobile phones, etc.
How We Can Help
Our job as your solicitors, or as the ‘Pursuer’ in the claim process is to negotiate with the other side to agree on a settlement, so we’re required to obtain as much evidence as possible to support every loss you incurred.
Naturally we don’t want you to be judged as having acted unreasonably.
The job of the other side, or ‘Defender’ is to establish if and where you did mitigate your losses.
How we can support you to mitigate your losses:
- Discuss available medical treatment options, such as physio or CBT.
- Consult to obtain independent evidence from experts, e.g., medical experts, vehicle assessors, or employment experts
- Recommend trusted repairers or vehicle hire
What Happens If I Don’t Mitigate My Losses?
If it’s judged that you failed to mitigate your losses, this will be considered in any settlement offer.
This means you could be offered a lower amount than what you might have originally been able to claim.
Final Thoughts
It’s important for any claimant to take reasonable steps to avoid unnecessary costs and to reduce the impact of their injuries.
However, it’s for the other side to establish if you failed to do this.
The key question asked will be whether you acted reasonably or not in the aftermath of the accident.
The process might seem complex, but with proper evidence and guidance from a solicitor, you can ensure that all aspects of your recovery will be properly accounted for.
Still have questions?
You might be interested in our other claim guides:
What Happens Next In Your Personal Injury Claim
How Long Do I Have To Make A Claim?
How Much Will I Get? And 9 Other Questions About Personal Injury Compensation
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.
More to explore
How Much Will I Get? And 9 Other Questions About Personal Injury Compensation
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We know that one of the biggest concerns people have when thinking about making a personal injury claim is money. That’s why we’ve written this practical guide covering everything to do with injury compensation in Scotland – from how fees work, to how compensation is calculated and when you’re likely to receive it.
Whether you’re beginning a claim or just researching, read on for straightforward, honest answers to some of the most common questions we’re asked.
I can’t afford legal advice. Can I still make a personal injury claim?
Yes, you can. No one should have to go without legal support due to financial barriers. That’s why we operate on a no-win, no-fee basis, meaning you can focus on your recovery whilst we fight for your compensation.
What does ‘no win, no fee’ really mean – is there a catch?
Nope, there’s no catch. Here’s how it works –
We’ll start by having an open conversation about your situation to see if your claim has a realistic chance of success. If we don’t believe it can be taken forward, we’ll tell you straight away – and you’re welcome to seek a second opinion elsewhere if you choose. We’d recommend visiting the Law Society to find a solicitor who can help.
If you decide to proceed and your claim is successful, a small success fee will be deducted from your compensation. If the claim doesn’t succeed, you won’t pay a thing.
We believe this is a fair and balanced way to support access to justice, giving your case the focus, preparation, and backing it needs without upfront costs.
How much compensation can I expect to receive for my injuries?
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.
And in law, the small details matter. For example, which particular area of your back was injured could make a difference in how your claim is valued.
All of these various factors are considered when we value your claim. Once medical evidence and supporting documentation are gathered, your solicitor will be able to give you a more accurate estimate. Until then, it’s difficult to put an exact figure on your claim – which we understand can be frustrating.
I was told I’d get £10,000 in compensation from someone else. Will I actually get that?
Any personal injury claim must be thoroughly investigated – so if you’ve been quoted a figure before your case begins, it’s probably too good to be true.
You might have seen ‘personal injury claims calculators’ online – but where do these figures come from? They’re usually based on the Judicial College Guidelines used by solicitors. These look at historical injury claims and provide lawyers with working estimates based on the seriousness of an injury, age of the claimant, and more.
The guidelines are set by courts in England & Wales – Scots law is different, so using an online claims calculator will likely give you an unrealistic valuation. In any case, it’s best to ask a qualified personal injury solicitor if you have questions about how your case was valued.
How much of my compensation will I actually receive – are there any hidden costs?
We have a professional and ethical duty of care to our clients, which includes being transparent about costs – so you shouldn’t be surprised by any deductions in your final settlement.
There are certain things that need to be paid whether the claim wins or loses, these are known as outlays. Outlays need to be paid to run the claim and can include things like the cost of independent medical reports, expert reports, court administration fees, etc.
You will be told about these at each stage. Any of these costs that we can’t recover from the third party will be deducted from your compensation.
If your case is successful, you will likely be charged a success fee. Exactly how much will depend on the firm, but there is a threshold. The threshold is set by law, the Civil Litigation Act, as follows:
- A tiered cap of 20% applies for the first £100,000 of damages
- 10% for the next £400,000
- 5% for damages over £500,000
I can’t afford to wait until my case is finished. Can I get compensation now?
Sometimes, it may be necessary to award you part of your compensation before the case is finished. This is called an interim payment. Typically, these are granted when:
- Your injuries are serious and have significantly affected your life post-accident
- The other party has admitted responsibility
- There is a more urgent need for the compensation. For example, if you need medical specialists, ongoing care, adaptive equipment, have extensive travel costs or other significant expenses
- The amount you’ve requested is reasonable to the other party
It’s important to note that interim payments are taken off your final settlement amount. You should always discuss with your file handler if this is something you’re considering.
How long will it take to receive personal injury compensation?
Again, unfortunately there is no straightforward answer to this.
It all depends on how your case progresses. Since every claim is different, it’s difficult to predict exactly when it will be settled.
With minor injuries and smaller claims, the third party may accept fault, and the case can be resolved quickly. When this happens, we may receive a settlement offer early on – a few months after you contact us, for example.
Sometimes things come up that can delay the outcome, such as new evidence or legal processes which take time. For example, when calculating more complex factors such as your loss of earnings, etc.
Once a settlement offer is agreed, the third party has up to five weeks to process and send the compensation.
How will I receive my personal injury compensation?
We send settlement by enclosed cheque. Other payment methods may be available for a small fee – you can discuss these with your claim handler.
Do you get taxed on personal injury compensation?
No, there are laws which mean you don’t get taxed on personal injury compensation. This applies whether it’s a lump sum or if you received interim payments.
What you can expect moving forward
We understand how important it is to have clarity when it comes to legal costs, timelines, and compensation. You’ll never receive an unrealistic guarantee from us about the outcome of your case, and we’ll always aim to be clear about our fees, our process, and what you can expect to receive at the end.
Every case is different, and whilst we can’t guarantee the outcome, we can guarantee that your claim will be handled with professionalism, transparency, and care from day one.
Still have questions?
Check out these useful links:
Maximising Your Personal Injury Claim: A Step-by-Step Guide
Claiming Compensation For Care: What Every Injured Person Needs to Know
What Happens Next In Your Personal Injury Claim
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.
More to explore
Maximising Your Personal Injury Claim: A Step-by-Step Guide
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Thinking about making a personal injury claim? There are a few simple steps you can take to help make the process smoother and improve your chances of success.
At Gildeas Solicitors, we support clients across Scotland with clear, trauma-informed legal advice – and we know that when clients are informed and involved, it can make a real difference.
This guide offers practical advice on how you can help your personal injury claim from day one.
Communication During Your Personal Injury Claim
At Gildeas Solicitors, we believe that clear, respectful, and compassionate communication is at the heart of a successful personal injury claim.
We understand that being involved in an accident can be deeply distressing, whether it’s a road traffic accident, at work, or in a public place. The process of making a claim can feel like a lot, especially when you’re still coming to terms with what’s happened. That’s why we approach every case with sensitivity and care.
Good communication can make a big difference to your personal injury claim. At Gildeas, we want to make sure you feel informed, supported, and comfortable at every stage.
Here are some simple ways you can help make the process work better for you:
• Tell us how you prefer to be contacted
Everyone has different needs. If you’d rather receive updates by email instead of phone calls, or if text messages are easier for you, just let us know. We’ll adapt our approach to suit you.
• Let us know if you need more time
We understand that filling in paperwork or signing forms might not always be possible straight away, especially if you’re recovering or feeling overwhelmed. If you need extra time with anything, that’s completely fine – just keep us informed and we’ll work around you.
• Be open if you’re not ready to proceed
Starting a claim can feel like a big step. Sometimes clients begin the process and ultimately find that they’re not ready to begin a claim. If you’re not ready yet, or if you need some time to think things through, that’s absolutely okay. Let us know where you’re at, and we’ll be here whenever you’re ready to move forward.
• Know that you’re in safe hands
Our team includes specialist trauma-informed solicitors who are trained to recognise the emotional impact of trauma. We’ll always do our best to make the legal process feel safe and manageable, giving you the time and space you need to engage at your own pace.
• Ask questions if you need to
If something doesn’t make sense, or you’re unsure about a step in the process, please ask. We’re here to help you understand your claim, not confuse you with legal jargon.
What Evidence Do You Need to Support a Personal Injury Claim?
Strong evidence is one of the most important factors in the success of any personal injury claim. The more detailed and accurate the evidence, the better positioned we are to achieve a positive outcome on your behalf.
One of the most valuable things you can do to support your personal injury claim is to gather clear, detailed evidence. Here’s how to get started:
• Photographs: Take clear photos as soon as possible after the incident. This could include damage to your vehicle, the scene of the accident (e.g. potholes, wet floors, uneven pavements), and any visible injuries.
• Medical reports: Medical evidence is essential to support your claim. This might include hospital records, GP notes, or specialist assessments. Always seek medical attention, even if your injuries seem minor at first.
• Receipts and costs: If you’ve had to replace damaged items, such as motorbike leathers, glasses, a mobile phone, or children’s car seats – keep the receipts or take screenshots showing the item’s cost. These can be included in your claim.
• Witness details: If anyone witnessed the accident, get their contact information. Witness statements can add weight to your claim.
• Diary or notes: Keeping a short diary of your symptoms, pain levels, or how the injury has impacted your daily life can be helpful when assessing compensation.
Can Social Media Affect Your Injury Claim? Here’s Our Advice
During a claim, insurers and third-party solicitors may be scrolling too. Here’s how to stay smart on social media whilst your case is ongoing:
• What you post can be used in your case. A photo, location tag, or a comment could affect your case. If you’re making a claim, it’s worth thinking twice before posting anything that could be linked to your injury.
• Play it safe. Keep your account private, or at the very least avoid posting about your injury. Being cautious now could make a big difference later.
• Your credibility matters. If something on your profile makes you worry about your case, don’t just remove it – it might be seen as suspicious. Always speak to your solicitor first as they can help you handle it properly.
Stay Engaged With Your Claim: What You Can Expect From Us
When you choose Gildeas Solicitors, you can expect a personal injury firm that listens, supports, and works hard on your behalf. As your claim progresses, staying engaged and informed will help everything move more smoothly. Here’s what you can expect from us -and how you can stay involved along the way.
From your first conversation with us, we’ll guide you through each stage of the claims process with clarity and care. We’ll explain your rights, keep you informed of progress, and make sure you understand what’s happening at every step.
Keep us updated if your condition changes and respond to any requests for information when you can, it helps us keep your case moving. Our solicitors will approach your case with sensitivity and respect, recognising that this may be a difficult time for you.
We’re here to reduce the stress – not add to it – and we’ll always act in your best interests. You can rely on us to be professional, approachable, and committed to achieving the best possible outcome for your claim.
Want to know more?
Find more top tips and answers to common questions:
How Long Do I Have to Make A Personal Injury Claim
What Happens Next In Your Personal Injury Claim
Find our FAQs here
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.