Serious injury claims

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If you’ve suffered a serious injury, you may be entitled to compensation under Scottish law.

At Allan McDougall Solicitors, we help you recover your independence and relieve the financial pressure of a serious injury. Operating with no-win, no-fee funding arrangements, we utilise decades of experience to help you.

What is a serious injury, legally speaking?

Serious injuries, or catastrophic injuries, are those that permanently or significantly impact your daily life. Amputation, brain injuries, and spinal injuries are three common examples.
They can occur in various circumstances, from road traffic accidents to workplace accidents and accidents in public spaces. Medical negligence is another leading cause of serious injuries in the UK, particularly regarding brain injuries and spinal injuries from badly performed or even unnecessary surgery.

How are serious injury claims paid in Scotland?

Because they can have such a massive impact on your life, serious injury claims can result in very high compensation amounts. Scottish courts generally use the Judicial College Guidelines and previously decided cases as a framework for typical award ranges, and they apply the personal injury discount rate to calculate future losses.

Serious injury compensation is generally paid out to cover:

  • Physical and emotional pain and suffering
  • Loss of earnings or future income
  • Specialist care and support
  • Medical treatment and rehabilitation
  • Adaptations and equipment like wheelchairs, home modifications, adapted vehicles, and prosthetics
  • Travel and other expenses to access treatment or care.
  • Time spent by family who provide support and care.
  • Future loss of pension

Claims are made against the person or organisation responsible for causing the accident. This can be anyone from drivers in traffic accidents to council bodies, business owners, medical professionals, and more.

Almost all serious injury compensation claims are paid out by insurers. At Allan McDougall Solicitors, our expert team is highly experienced in conducting negotiations directly with insurance companies. This guarantees your claim is presented effectively and pursued for the maximum compensation available.

When can you make a serious injury claim?

For most adults, personal injury claims must be made within three years of an accident, the diagnosis of a serious injury, or the date you became aware of the injury.

The rules are different for children, who may have longer if they’re under sixteen years old. If the accident takes place when they’re sixteen or older, they have the standard three years to make a claim.

Adults who lack mental capacity after a serious injury also have different timescales.

Serious injury cases are often complex, making legal advice extremely important. Getting advice early helps you understand what evidence is needed for a successful compensation claim and gives you the best chance of achieving success.

Contact our personal injury team today

What to do after a serious injury

There are four steps you should take if you’ve suffered a serious injury. These are:

  1. Seek medical treatment immediately. As well as the obvious benefits of speaking to a medical professional, you’ll be able to rely on the information they give for any compensation claim.
  2. Keep records of any and all money you’ve spent to access special treatment or money lost from being unable to work.
  3. Gather relevant evidence for a claim, such as accident reports, photos from the scene of the accident or incident, and witness details.
  4. Seek the advice of a personal injury lawyer.

How we can help

Our dedicated personal injury team has helped thousands of people with serious injury claims. With no-win, no-fee funding arrangements and free initial advice, we’re compassionate, knowledgeable, and client-focused. Our goal is to support you in claiming compensation.

We also take a trauma-informed approach to serious injury cases. This reflects standards set out by the Law Society of Scotland, with our team trained to recognise and respond appropriately to the wider emotional and psychological impact of serious injuries. Both of which, together, ensure that your claim is handled equally professionally and sensitively.

Because of this, we’re on hand to provide compassionate and clear legal guidance throughout the process, and we have a track record of success for serious injury compensation claims.

We also represent you in court, such as the Court of Session, Scotland’s highest civil court. This is often required because of the potential value and complexity of serious injury claims.

Contact our personal injury law team

Don’t hesitate to get in touch with our personal injury law team if you or someone you know has suffered a serious injury. Our experienced and knowledgeable personal injury team is here to support you with practical, clear advice and a no-obligation consultation.

Contact us

  • Email us
  • Call our personal injury claims team free on 0808 560 0872
  • Arrange a callback by using our enquiry form

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What our clients say

  • Gordon Milligan went above and beyond. Stayed with me every step of the way. Fantastic service. Did my late wife proud.
    W.M.
  • My sincere thanks for the service provided by Stephen Irvine and his colleagues. It was first class and much appreciated. I am more than happy with the final outcome.
    J.M.
  • Seamless process throughout. The team was very steadfast in supporting me. Thanks to Stephen Irvine and the team at Allan McDougall Solicitors.
    T.T.
  • Fiona Fraser gave us amazing support after I was in a car accident with my daughter. She checked in with us as soon as she found out to see if we were ok and arranged to get information to start our claim. Fiona kept me informed at all stages of the process and always gave great advice on what to do next.
    L.M.

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