subject: Claim In Scotland: Beware Of The Legalities [print this page] If you are in Scotland and are the affected party due to someone elses rash driving or negligence, then the next logical step would be to file a claim in Scotland for getting your due justice. The affected party is always left crippled, not only financially, but physically and mentally as well.
Getting reimbursed for the physical and mental trauma is not an easy task and it could be quite tedious if you have to do the running about all by yourself. The entire process of getting the compensation claim from the defaulted party would take a lot of time and you would also have spent considerable money from your pocket.
Given below are some pointers that will make the process uncomplicated and smooth sailing.
Many of the claims are based on the 'no win no fee' concept. This implies that the solicitor would charge professional fees only if the case has been settled in your favour. However, if the claim is a difficult one, then the solicitor is justified in demanding his payment. The solicitor would have to clearly state the price so that they are clear about proceeding with the case.
The solicitor needs to have a clear understanding about all the details relating to the incident. This will enable the solicitor to make a claim, taking into account the physical, as well as mental trauma, that you have suffered. The solicitor also needs to take into account other factors that have been affected, such as your work and career. These details can then be provided to the defaulted party for claiming compensation.
If the defaulted party does not agree to this, then the solicitor needs to concentrate on other legalities and will have to provide justification and also the necessary risk assessment. A mutual agreement is sometimes always beneficial for both the defaulted party, as well as the affected party. Since you are in Scotland, you could claim the entire amount if you have been covered adequately through insurance. The premium amount is not too exorbitant and one can get full compensation if the insurance policy has been taken before you became injured. One can go ahead and claim in Scotland, even after the injury has taken place, provided you are agreeable to paying a sizeable amount.
At times, even a no win no fee agreement calls for payment of medical expenses and legal expenses, even though the defaulted party agrees to the fault. One can hire professional and legal help from law firms, if the weekly income of the claimant is less than 223.
Sometimes, the claimant gets swayed by emotions and reacts very informally, which is not acceptable in the court of law. The sheriff conducts the scrutiny of all the offers and will then decide whether the claimant needs to pay the legal expenses to the solicitor.
In countries like England, the tariff method of compensation is adopted, whereas in Scotland, the judges and sheriffs are more accommodating and the judgment is passed depending on the seriousness of the injury.
