What Happens Next In Your Personal Injury Claim
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We know making a personal injury claim can feel overwhelming. Waiting for an update on your case can feel frustrating, and legal terms can be confusing.
Our team have broken down the claim process below to help give you practical support and peace of mind.
In this guide, we’ll cover everything you need to know about what happens in your case:
- The first steps
- Establishing what happened
- Making an evaluation of the case
- Building the case
- Medical evidence
- Negotiations
- The court process
- Settlement and receiving damages
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.
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- 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.
- 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.
- 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
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- 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 and receiving damages
- 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.
Litigation Friends: Claiming On Behalf of Someone Else
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At Gildeas Solicitors, we’ve proudly represented clients in Scotland since 1989. In that time, we’ve seen a broad spectrum of circumstances which come up in the personal injury claims process.
Today, we’re focussing on what happens when a person is appointed to claim for someone else, also known as a ‘Litigation Friend’. Read on as we break down what a Litigation Friend is, why someone may need one, and how it affects the claim process.
When would somebody need a Litigation Friend?
If you want to use a solicitor, you must be able to ‘give instructions’. Giving instructions means informing what the solicitor should do and what decisions you’d like them to make in your personal injury case.
What is a Litigation Friend in a personal injury claim?
A Litigation Friend is a person who makes decisions on behalf of someone unable to manage their personal injury claim for themselves. They can make decisions on behalf of someone who is:
- In Scotland, a child under 16 years of age. In England and Wales, the threshold is children under 18 years of age.
- Someone over the age of 18 who has been found to lack the capacity to manage their claim. This might be due to illness, a disability, or for another reason.
- A person who has passed away during the claims process.
‘Manage’ is a broad term that includes: an understanding of the steps and risks involved in a personal injury claim, being able to make decisions during your claim, and giving instructions to your solicitor.
Who can be a Litigation Friend?
Anyone can be a Litigation Friend, so long as they can fulfil the role competently. The person must consent to be the Litigation Friend and be able to make decisions about the personal injury claim in a fair and considered way. An example of who might act on behalf of the person could be:
- Their parent or guardian.
- Their extended family member or friend.
- Their solicitor or professional advocate.
- Someone who has a lasting Power of Attorney.
When does the Litigation Friend stop acting on the injured person’s behalf?
The Litigation Friend will stop acting for them when the personal injury claim comes to an end. There are a few occasions when the injured person may choose to manage the claim before the case is settled. For example:
- When a child turns 16 and decides they want to manage the claim themselves.
- If a person regains capacity, for example when they have recovered from an injury or woken up from a coma.
What does a Litigation Friend need to do?
Key to the role is clear communication with the injured person. The Litigation Friend must always remember that they’re not a ‘client’ themselves, but they are acting on their behalf.
A Litigation Friend might be asked to:
- Sign or provide documents such as medical records
- Meet with solicitors and take advice when needed
- Make decisions about the case, such as agreeing on the amount of compensation offered
Points to note about Litigation Friends:
- A Litigation Friend is not the same as the client’s solicitor. It is simply the Litigation Friend who gives instructions to us.
- A Litigation Friend is not the same as a Power of Attorney or a Guardianship Order.A Litigation Friend is appointed to represent someone who lacks the capacity to do so in legal proceedings, like a child or an adult with a disability.A Power of Attorney is a specific legal document which appoints another person to make decisions on a person’s behalf regarding finances, property, healthcare, etc., typically when the person becomes unable to do so themselves.Basically, a Litigation Friend only acts within the context of a legal case such as personal injury, whilst a Power of Attorney can encompass a wider range of things across many aspects of life.
- When a claim is successful, the settlement is still paid to the client. There may be extenuating circumstances when a settlement is paid to the Litigation Friend, for example if the person has a Power of Attorney and holds financial responsibilities, or if the client is a child and doesn’t have a bank account. We take every step possible to ensure the injured person is the one who receives settlement funds.
In conclusion
The Litigation Friend is a crucial role in protecting the rights of those who are injured. By assisting those who may not have capacity, they support them to navigate a claim and make sure their voice is heard.
If you have a case which concerns any of the issues in this article, please contact our dedicated team and they will happily discuss if we can help. As trusted solicitors for over 50 years, we’ve supported thousands of clients to get the justice they deserve.
Got a question not covered here?
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.
