Frequently asked questions

If you have had an accident within the past three years and you were injured because of it, then yes, you may be entitled to claim personal injury compensation. Our expert personal injury team have the experience and expertise to assess quickly whether you have grounds for submitting a claim.

A personal injury compensation claim will succeed if it can be established that the accident was caused by the fault or negligence of somebody else (either an individual or a company or other organisation). That means establishing that the responsible party failed in a duty of care that they owed you. But whether somebody is at fault or negligent, or even whether they owed a duty of care, can be a question that is legally complex. There can be many situations where there is a legal basis for establishing negligence even if it is not particularly obvious.

If you have been in an accident which you have somehow contributed to, you may think that you cannot make a claim for damages. But even if you are partially to blame, you may still be able to receive compensation although the amount will be reduced to account for “contributory negligence.” Essentially this mean that the extent to which your actions caused your injury will be considered.

You should always make an enquiry to find if you have a basis for a claim and our personal injury compensation experts are able to advise you on these legal issues and how they arise in your case.

We deal with claims for all types of accidents, including:

• Accidents at work
• Road traffic accidents
• Cycling accidents
• Asbestos related diseases
• Slips trips and falls
• Working at height accidents 
• Fatal accidents
• Hand arm vibration syndrome/vibration white finger
• Noise induced hearing loss, or industrial deafness
• Repetitive strain injuries
• Display screen injuries 
• Winter weather accidents
• Accidents abroad
• Dog bite injuries
• Beauty treatment claims
• Defective product injuries
• Medical negligence cases
• Criminal injuries
• Historic abuse cases

If an insurance company won’t settle your personal injury case, and we consider that you have a good chance of winning, then we will advise you to raise a Court action.  

We have all the relevant Scottish expertise and knowledge to guide you on taking this step.  

We can advise you on how to fund a Scottish Court action.  We operate on a no win no fee basis.  We can obtain insurance to protect you in relation to the other side’s legal costs if you lose and we can also explore Legal Aid.

Read more about how to sue someone

Yes. The basic rule is that the time limit is three years from the date of the accident. However, it is wise not to leave it too late to begin the claim. Within the three-year time limit, a claim must either have been settled, or a court action started before that three-year period passes. If you were aged under 16 at the date of the accident, the three-year time limit will not start to run until your 16th birthday – so you have until your 19th birthday before the three-year time limit will expire.

The time limits are strictly applied, so we always recommend you seek advice as soon as possible in relation to whether there might be grounds for making a claim.

There are certain limited exceptions where different time limits apply. For example, if you are injured while a passenger on an aircraft or at sea, the time limit is two years from the date of the accident. Similarly, if you suffer injury as a result of a criminal act, the time limit for making a claim under the Criminal Injuries Compensation Scheme is two years from the date of the injury.

Yes, a parent or legal guardian can claim on behalf of a child if the child is under the age of 16.

There are several categories of compensation that can be claimed. The categories that may be open to you will depend on how the accident and the injuries have affected you. The mostly commonly encountered categories are:

• Compensation for the pain, suffering and inconvenience arising from the injuries.
• Compensation for any earnings or other income lost as a result of time off work because of the injury suffered in the accident.
• Compensation to reflect any additional help you have required, say from family members, cleaners or tradesmen, with certain day-to-day tasks in and around the house because your injuries have prevented you from undertaking those tasks.
• For claims involving serious injury, further categories would be claimed if the injuries are likely to prevent you from undertaking some or all types of work in the future. Those categories relate to future loss of earnings and loss of pension rights if applicable.

Our expert personal injury compensation team will advise you fully on which categories may be open to you as part of your claim.

Our personal injury compensation expert team will be able to identify what information and evidence is needed in your case. There are certain key matters on which evidence and information is important. Don’t worry if you don’t have all the pieces of information; there may be ways in which we can obtain some of the information.

Evidence to prove the occurrence of the accident

• Was the accident reported to anyone? In vehicle accidents, was a report made to the police? If another vehicle was involved, do you have the registration number of the vehicle and/or the name or contact details of the driver?
• In an accident at work or in a shop, was an accident report completed?
• Were there any witnesses? Names and contact details of any witnesses are always helpful.
• Evidence of the area where the accident happened and how it happened.
• If possible (and permissible), take photos of the area where the accident happened.

Evidence in relation to the injury

If you obtained medical treatment for the injuries either at hospital or at the GP, then it is helpful to know where and when the treatment was given. If treatment is continuing, and is likely to be needed in the future, it is also helpful to know but we will discuss that more fully with you.

Evidence of loss of earnings/income

If you have had to take time off work because of your injuries, then it is helpful if you are able to provide payslips, or other evidence about your income. Ideally, payslips covering the complete three-month period prior to the accident, and the complete period of absence, are most helpful.   This is because the standard starting point for calculating loss of wages is to calculate an average pre-accident net wage.  Again, we can advise and discuss fully the circumstances of your situation.

Absolutely not. You have the right to choose your own solicitor from an independent law firm should you so choose.

You are entitled to pursue a legal claim for damages, without any sanction for doing so.

In most cases, it is an insurance company for the liable party. By law, your employer must have insurance in place to compensate an employee injured at work.

Actually sometimes you should. It might be good. But equally it might be very poor. We are qualified to know how much your claim is worth and base our views on decided court cases, judicial guidelines and the very particular circumstances of your case.

It is possible that the offer to settle the claim is worth far less than what your claim is actually worth. Once you accept an offer in full and final settlement of a claim, you cannot go back and seek more damages at a later date, which is why it is so important to have legal expertise in your corner.

We offer a “No Win, No Fee” service. You can have peace of mind knowing that if your claim fails, you will have nothing at all to pay. There are no hidden costs.

What happens if I don’t win my case?

We mean what we say. If you do not win your case, then there is nothing at all for you to pay – no fees and no outlays to others.

What happens if I do win my case?

This is the question that many personal injury claims companies and solicitors’ firms do not want to answer, preferring to keep it a secret. But we are perfectly clear about it. If your case succeeds, it is likely that we will charge a success fee. If a success fee is charged, it would be paid only at the end of the claim. It would be paid from your compensation. So, you will never be out of pocket. We will discuss fully with you in our first discussion what success fee, if any, might arise in your case. This will be confirmed in writing right at the start.

What if I’m a trade union member?

Members of trade unions for whom we are panel solicitors - and their families - will not be charged a success fee. This means that you will always receive 100% of any compensation.

It varies. Every case is different. How long a claim takes depends on nature of the claim and the issues that arise within it.

While our personal injury compensation expert team make it their priority to progress the claim as quickly as possible, there are certain standard timescales that influence how long a claim might take to resolve. There is a protocol in place that governs timescales for certain steps involved in a claim – below are three examples:

• The protocol states that once your claim is started, the responsible party’s insurer then has a three-month period in which to say whether they admit liability for your accident. That is a vitally important aspect in any case.
• There are other steps that need to be taken and often they are taken at different times. For example, if an insurer denies liability, we will always consider fully the scope to contest their position and negotiate with them.
• Medical evidence in the form of medical reports and other evidence about your losses is also essential and can vary from case to case.

Insurance companies must adhere to certain deadlines as stipulated by the Compulsory Pre-Action Protocol.

It is unfortunate that we cannot give an exact timescale, but our team does everything it can to ensure quick progress of your claim.

Step 1:  Get in touch and we can discuss your claim.

Contact us on 0808 560 0872 or fill in our enquiry form about your injury circumstances. Our personal injury compensation experts will discuss with you in detail what has happened and take the time to understand fully the impact your injury has had on your life. We will answer any questions you may have but we won’t pressure you. Our expert personal injury adviser will tell you if you have a valid basis to claim or not. We will explain, in as much detail as you need, the process that will then be followed. We give a personal, one-to-one service and that adviser will remain your own point of contact throughout the whole claim.

Step 2: Start your claim

Once you tell us you want to start a claim, we will notify your claim to the responsible party, usually by letter. We will also send the letter to that party’s insurer.

Step 3: What happens then?

In due course, a response should be provided by the insurers for the responsible party. The response should say whether the insurers are prepared to admit the responsible party was at fault – in other words, whether the insurers accept they are liable to pay you compensation.

If liability is not admitted, we will discuss the position fully with you and consider how to respond to challenge the insurers’ denial.

If liability is admitted, we will continue ingathering all information, including medical evidence and reports, needed to secure the maximum amount of compensation you may be entitled to.

If no settlement can be achieved through negotiation with the insurers, we will discuss fully with you all options, including the option of raising a court action.

Are you thinking about pursuing a claim, or indeed wondering if you even have a right of claim? It is worth remembering that an insurance company defending any potential claim will undoubtedly have specialist solicitors acting on their behalf. For that reason, it is vital that you also choose a specialist personal injury solicitor to represent you. The law surrounding personal injury is complex and changes rapidly. A specialist lawyer should be up to date and able to advise you properly on all aspects of your case.

Learn more about how to choose a personal injury solicitor...

Allan McDougall Solicitors has one of Scotland’s largest specialist personal injury teams, with a rich heritage dating back to the 1920s. We are proud to be market leading in our field, and secure hundreds of thousands of pounds in compensation for our clients every year.

Our specialist personal injury team will help you every step of the way. When you contact us, you will get straight through to an expert adviser. There is no middleman, no passing you from one person to the next before you get the answers you need.

We act on a “No Win, No Fee” basis, so you are protected from any risk on costs.

We do it all while keeping in mind that your claim is about more than just the law – your claim is about you and how the injuries have affected you.

We always:

• Explain clearly the steps we will take to try to resolve your claim through negotiation.
• Keep you updated throughout the process.
• Explain what input we will need from you, at what stage and why.
• Pursue claims forcefully to minimise delays in resolving your case.
• Obtain, where possible, an interim payment of your compensation at an early stage.
• Advise you fully on all options if an opponent delays.

No two personal injury claims are identical. Some claims settle in a relatively straight forward way. But sometimes, success is achieved only through a willingness to fight. If a case needs to be fought hard, often involving the raising of a court action, we stand ready to fight that case.

Above all, we strive to get you the best result and the maximum amount of personal injury compensation you are entitled to under the law.

Start your personal injury claim today by calling us free on 0808 560 0872, emailing info@allanmcdougall.co.uk or submitting an enquiry form. Any discussion is free and there is no obligation to make a claim.