If you have had an accident in Scotland, you may be surprised to know that there are variances between England / Wales law and Scottish law that could mean the difference between incurring a deduction from your compensation and not being charged at all.

In England and Wales, for most claims for compensation, your injury lawyer has the ability to recover all of their legal fees directly from your opponent. For example, if you claim for compensation from the insurance of the driver at fault for a car accident, your lawyers should have no problems recovering their legal fees straight from the insurance as well.

With a good injury lawyer, you will never have a percentage taken away, and you will never end up having to pay a penny if you win. These are things you should check beforehand as there are lawyers out there willing to charge, but you don’t have to be charged with the right lawyer!
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We, like many other lawyers out there, have our own personal injury calculator on our website that has been there to help accident victims get an idea as to what they could be entitled to claim for in compensation for years.  Whilst the calculator can be useful, it has its numerous limitations – so, here’s a quick guide to fill you in on how it works:

How Does it Value My Claim?

Well, firstly, it’s important to understand that I’m basing this on our own calculator – as many others out there could be different. Out calculator provides you with brackets and figures based on official guidelines that we, as specialist injury lawyers, actually use when we value our own clients claims. The figures come from the JSB (Judicial Studies Board) Guidelines, which are guidelines set out to assist lawyers and insurers when it comes to agreeing settlement for a claim.
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Personal Protective Equipment, or PPE as it is more commonly known, is equipment which can be used or worn to protect you from risks to your health and safety. PPE can come in all shapes and sizes, and so can be anything from safety boots, to ear defenders, to anti vibration gloves.

It is the duty of your employer to provide the necessary PPE, and to cover the full costs of the equipment. Once you are provided with the PPE you should also be trained in its use, your employer should be able to evidence this training with documentation.

Employers must also ensure that the PPE itself does not cause a risk to health and safety, For example, there should be no risk of the PPE getting trapped in machinery or the user overheating due to it.
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At The Injury Lawyers we have a vast amount of experience in whiplash claiming, and so are fully aware of the debilitating effect it can have on a person’s life. That is why we treat the condition with the seriousness that it deserves, fighting tooth and nail to get our client’s the best possible amount of compensation they are entitled to receive.

Causes

At The Injury Lawyers we tend to see whiplash most commonly as a result of road traffic accidents as the injury is commonly caused through a jolt to the head / neck area. It is common for people not to report injury at the scene of an accident, but to suffer whiplash later on as the symptoms, which I will discuss below, usually become apparent a few hours later, or even the following day or sometimes longer.
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At The Injury Lawyers we have a great deal of experience in road traffic accident claiming. For clients that have suffered an accident after 30^th April 2010 and whose claim is within a certain value, we are pleased to inform them that their claim can be run through a fast track system that can be much quicker than other common compensation claims.

The Process…

This fast track system is begun by completing a Claim Notification Form. This form is the first correspondence the other side will receive on your claim and sets out the accident circumstances in full, together with the necessary information required for your case to be investigated thoroughly. Once this is completed, it is submitted via an electronic portal over the internet, which means that all correspondence is sent and received simultaneously, therefore making the claiming process much faster and more streamlined. After this is submitted, the other side have one business day to acknowledge the claim, and 15 business days to provide their response regarding liability. This is in stark contrast to the system of old which allowed the other side nearly 4 months to respond.
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If you have been injured at work through no fault of your own, you may well have a successful claim for compensation.

Your employers have an important duty to ensure that your health and safety is maintained at all times whilst you are at work, and there are a number of rules and regulations that they must abide by. If your accident and / or injuries were caused because your employers failed in this important duty of care that they have for you, their insurance should cover you and compensate you.

So – how do you make a work accident claim, and what does it entail?
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Whiplash can be experienced very mildly or extremely severely, and so can have little effect on your life or an extremely debilitating effect on your life. This is why valuing a claim for whiplash can be difficult; some sufferers can recover from the condition in a matter of weeks, whereas others can suffer for months or years. As you will probably have gathered, there will be extremely different valuations placed on the two extremes I have just outlined above, and the point of this blog is to let you know how solicitors come up with these valuations for your claim.

A solicitor will use a wide range of tools to value your claim – I have set these out below:

1. Judicial Studies Board Guidelines: The JSB guidelines band neck injuries for the purposes of valuations – I have set out these bands below;

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This blog is designed to be a quick guide as to how a child or person deemed a ‘protected party’ under the Mental Capacity Act 2005 can bring a claim for compensation for injuries arising from an accident that occurred through no fault of their own.

As you will no doubt agree, a child or a ‘protected party’ is in no position to bring a claim for compensation on their own accord.  Can you imagine, for example, your five year old boy solely dealing with lawyers and obtaining compensation? I thought not.  So that a child or a protected party is able to bring a claim for compensation the law states that they will require a ‘litigation friend’. 

A litigation friend is a person, a responsible adult, who will act on the child or protected party’s behalf and deal with their claim for compensation for them.  In most cases a litigation friend will be a parent or a guardian, but equally a litigation friend could be a carer, social worker, another relative or close family friend.  The most important thing is that the litigation friend is someone who is trusted and will do their utmost for the injured party to help their claim for compensation.
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We are The Injury Lawyers – we are a firm of specialist personal injury lawyers who deal only in claims for personal injury compensation throughout the whole of the UK (except for Ireland, unfortunately). We are an actual law firm – we are not some claims company or accident helpline, who will give you some advice and pass your details over to a law firm for profit – it’s us that advise you about your claim, and it is us that represent you!

We personally believe that our Genuine No Win No Fee agreement and our service standards are second to none. We know of no other law firm that handles cases in quite the same way that we do! So, here is a guide on how we work, who we are, what we do, and how we do it, so you can not only learn something about us, but learn something about what you should look for when it comes to searching for injury lawyers.

Genuine No Win No Fee
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This is the one of the most common questions we hear here at The Injury Lawyers, and hence the reason for dedicating a blog to the subject.

The best way to find out if you have a claim is to contact a specialist personal injury law firm. Many law firms such as The Injury Lawyers offer free claims assessments, so whether we take your claim on or not, you don’t have to pay a penny. So, it seems you have nothing to lose by getting some free legal advice and assessing your options.

So have you got a claim…?
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