The claim process
There are three main elements of any claim for compensation. You will need to show that another person was at least partly to blame for causing your injuries, and this must be decided at the earliest possible stage. It is also necessary to prove that you (The Claimant) suffered an injury and that another person's (The Defendant's) actions caused your injury.
Whilst the main purpose of pursuing a claim is to receive financial compensation for your losses, it can also provide other positive benefits. For example, the Rehabilitation Code says that support should be provided to you and your family. This will usually be in the form of rehabilitation and treatment but can also include counselling or cognitive behavioural therapy or the appointment of a Case Manager, who can assess what support you need. In some circumstances, third party insurance companies will provide support and rehabilitation even when liability is in dispute.
The Solicitor will arrange for you to undergo medical examinations to determine the prognosis for your injuries. Any treatment needs and care requirements will also be identified during the examination. It will help your recovery if you are able to gain access to the recommended treatment as soon as possible.
In addition to the compensation for the injury itself, you are entitled to claim expenses. These may include loss of earnings, care, medical expenses and equipment. The Solicitor should therefore investigate all potential expenses claims and include a claim for any past expenses as well as a projected future expense claim for all expenses you will have once the claim is settled.
For more information on making a claim and the issues involved, you may like to consult the Headway publications 'Claiming Compensation' or 'Claiming Compensation in Scotland', written by a leading personal injury solicitor these helpful booklets explains the litigation process in a straightforward way.