Personal injury claims can be complicated. They are made so in many ways because of how difficult insurance companies make it to submit a claim. It has become so difficult that sometimes people who have been affected wonder if it’s really worth the hassle to file one. But if you have the knowledge of the mechanisms upon which injury claims work, then it becomes easier to navigate and pursue such cases.
Here are some factors you should consider before submitting a personal injury claim:
Is there a time limit to making a claim?
The time limit to submit a personal injury claim is three years in Scotland. But that isn’t always the case as sometimes there can be an exception to the rule, though the circumstance is rare.
There are categories of personal injury claims, such as criminal injury claims, that have a shorter limit of time to make a claim. Criminal injury claims have a shorter time limit of 2 years, same with claims that are made on personal injuries suffered on ships or international flights. But there are also circumstances where there isn’t a time limit; someone who has doesn’t have the mental capacity to make a claim doesn’t have a time limit on them.
Damage to Property
If your property has been damaged due to someone else’s negligence and you have suffered an injury during that, then this is also a circumstance where you can file an injury claim. But this kind of claim is harder to prove as the negligence in damage to the property needs to be proven to a certain extent. You also need to prove that you could not have foreseen the damage, therefore confirming its negligent nature.
Claim compensations are complicated things, so it is critical that you consult and seek legal advice from a lawyer who specialises in injury claims. These kinds of lawyers can increase your chances of winning your claim. A personal injury lawyer who is well-versed in the field of claims and compensation can inform you and guide you in the process of your own claims. They can refine your approach to the claim by telling you which kind of claim you should go for.
Personal Injury Claims Scotland Calculator
Calculating and estimating the compensation you might get is a very useful thing. You can do so through a calculator tool that is available on websites. You can input circumstances comparable to your own into the tool. Those circumstances can be vast and various, such as medical bills, rent or other expenses. And due to the negligence of other parties that were damaged or lost, which is something that you can claim. The tool will help you calculate the estimated amount which you can claim and how much you deserve due to your circumstances.
What’s important to remember about personal injury claims calculators is the fact that the information is just an estimate, and as such, a tool that should be used for advice only. To rely fully on the information or the figures that the calculator produces is not recommended. So, if you follow those figures in submitting your claim, it could go wrong. Personal injury claim calculators are, therefore, just a gauge. Every claim has a limit set on the amount of compensation you could get from it. It is something pre-determined by an independent judicial college.
The compensation you get is determined by many factors, including factors from your side. If there has been any degree of negligence or carelessness from your side, then the claim compensation that you get could be lower than what you might have expected.
Personal injury claims have to be submitted through a firm that handles such personal injury claims. Your case, when submitted, is then analysed and considered on how it should be approached/pursued. If the firm thinks that your case is one that merits a proper compensation approach, then they move forward with it, and in some circumstances, you might not even have to pay any money.
But there are circumstances where your case and the circumstances surrounding it might not be considered strong enough to make a strong compensations claim; if those circumstances happen, then the firm will help you with a clinical negligence claim which will still be able to help you recover some funds.
There is a lot to take into consideration when thinking about submitting a claim for personal injury. So, if you find yourself stuck on how to continue your approach, then we at Wallace Legal offer many services regarding personal injury claims. You can even calculate your estimated claim through the personal injury claims calculator for Scotland on our site.