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Do you think you might be entitled to compensation?

by Lisa Gregory, Accredited Specialist in Personal Injury Law

Accidents happen. Some accidents are no-one’s fault and cannot reasonably be avoided. But other so-called accidents are not accidents at all. They are avoidable. They are caused by carelessness or unsafe practices or hazards. They happen because someone is at fault. Either they have done something they shouldn’t have done or they have not done something they should have done.

Personal injury law sets out a 3 stage test which governs whether someone who is injured because of another person’s fault or carelessness should have a claim for compensation for the injuries they suffer.

1. Who can make a claim?

The law says that we all have “duties of care” towards others in certain situations. For example, road users have a duty of care for other road users. Employers have a duty of care for their employees. Occupiers of premises have a duty of care for people entering the premises. These are just some examples. If a duty of care is breached and the person who was owed the duty is injured, they may have a claim for compensation.

2. What can I claim for?

An injured person can claim compensation for all the injuries and other losses they suffer as a result of the breach of duty of care. That includes compensation for physical injuries. It also includes compensation for non-physical injuries. Psychological injuries may be less obvious but they are common and very real. An injured person can also claim for financial losses they have suffered. They might have to take time off work and lose wages. They might not be fit for work in the future. They might lose other benefits or pension rights. They might incur extra costs to help with their recovery. All of these losses and others can be claimed if they are incurred directly as a result of the accident.

3. How much compensation will I get?

The amount of compensation is different for every case. There are guidelines for how much compensation might be paid for an injury but no two injuries are the same. One person might recover from an injury much quicker than another person. Claims for financial losses are even less predictable. One person’s financial losses will be very different from another person’s financial losses. For those reasons, compensation has to be assessed individually in every case based on the particular facts and circumstances.

Do you think you might be entitled to compensation?

Despite what we read in the press, making a claim for compensation is not straightforward. The law says that the injured person has to prove their claim. Insurance companies want to pay out as little as possible or, even better for them, nothing at all.

At Grant Smith Law Practice, we have the expertise to guide our clients through the process to get the best possible results.

To discuss if you might be entitled to claim compensation, contact Lisa Gregory on 01224 621620 or lisa.gregory@grantsmithlaw.co.uk.

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Claiming Compensation following an Accident

by Lisa Gregory, Accredited Specialist in Personal Injury Law

No-one ever wants to have an accident or to need advice from a Personal Injury Lawyer but anyone who finds themselves in that position needs to speak to an independent solicitor with the experience to guide them through the claims process.

We know that there is a whole industry making money out of people who have had accidents – insurance companies bent on maximising their profits, fraudulent claimants with made up claims and claims consultants with no formal qualifications or regulation. There are endless other money making sidelines too: legal expenses insurance; vehicle salvage and recovery and car hire to name just 3.

Compensation claims have become a money making machine for both sides of the insurance industry – the insurance companies and those acting for the injured person. I have been contacted by countless people who have found themselves represented by unregulated claims companies. Without their knowledge, their claims have been sold to the highest bidder, often operating from call centres in the central belt or even in England where the law is totally different. All too often, the injured person is just a number in the process. Their interests fall far behind the demand to make profit.

I have spent over 20 years working for clients in Aberdeen and Aberdeenshire and further afield who have been injured in accidents. I know our local roads, our local industries, our local culture and the challenges facing those who are injured. I also know the tactics employed by the insurance industry to pay out as little as possible or nothing at all.

At Grant Smith Law Practice, we can’t turn the tide of the insurance industry but we can help our clients with genuine claims to make sure their interests are put first and they get a specialist, personal service to get them the compensation they deserve.

To discuss a compensation claim, contact Lisa Gregory on 01224 621620 or lisa.gregory@grantsmithlaw.co.uk.