a guide to your personal injury claim

Transcription

1 a guide to your personal injury claim

2 Contents 3. Welcome to Compensate 4. Accidents happen 5. The process explained 6. Why should I give up a percentage of my damages? 7. The process in legal terms

3 Welcome to Compensate If you are reading this brochure you are likely to have either been in an accident or are a close relative or friend of someone who has. We understand that an accident can leave you feeling vulnerable and frustrated. You will have lots of questions and concerns. That is why we have a highly trained and experienced team to give you all the support you need. We are here to help. In this brochure, we will explain the process involved in making a claim for compensation after an accident and how Digby Brown Solicitors will fund and manage your claim through the Compensate funding package. We will hopefully answer some of the questions you have and give you peace of mind, however we are always available to talk if anything is unclear or you have any questions.

4 Accidents happen It is an unfortunate fact that accidents happen and they are traumatic events which cause both physical and mental pain as well as considerable inconvenience. If you have suffered injury and damage to your person or belongings as a result of an accident caused by another party s negligence, it is your right to pursue a claim for compensation. In most cases you will be making this claim against the other party s insurance company. Whether you receive compensation after an accident depends on a number of factors, principally it is dependant on whether the other party was negligent. Put simply, just because an accident happens does not automatically mean someone is to blame, they must have contributed to the circumstances of the accident. Digby Brown owns and operates Compensate, which is the trading name of Compensation Claims Funding Limited. Compensate is a comprehensive funding and indemnity package backed by an insurance policy which Digby Brown use to fund and manage cases. In simple terms, Compensate insures the risk while providing funding for all expenses in a personal injury claim. Compensate allows us to use the best expert witnesses, fully investigate your case and, where necessary, litigate your case in court to ensure you receive fair and appropriate compensation. In the event of a successful outcome to your case, an agreed percentage of the damages won will be deducted from your settlement. If the case does not succeed you do not pay a penny.

5 The process explained Wherever possible, we like to follow up our initial discussion by arranging a face to face meeting. At this first meeting, we will explain exactly what steps we will be taking and the process involved in seeking compensation. We will fully explain how we fund your case and let you know what you can do to help us. Funding a case through Compensate means we can do everything necessary to help you get the compensation you deserve. Where required, we will instruct experts, both medical and professional, on your behalf to examine both the circumstances of the accident and its consequences for your health and other areas of your life. We will submit a claim on your behalf by writing to the person responsible for the accident. In the vast majority of cases we will be dealing with their insurance company. Every case is unique and will have its complexities so it can be difficult to estimate a timescale for conclusion. Digby Brown, with the benefit of Compensate, fully prepares every case. Although the vast majority of cases will not go to court, we will be ready to ligate on your behalf if needed. We will also be in the strongest possible position to negotiate with the other party s insurance company - we have an enviable reputation and excellent track record in this regard.

6 Why should I give up a percentage of my damages? In order for Digby Brown to be in a position to fully explore every aspect of your case, instruct expert witnesses and employ advocates should the case go to court, the firm uses Compensate to both fund these outlays and pays an insurance premium against the risk of losing the case. Compensate then takes on the risk if the case is lost. All expenses including the cost of the other sides legal team are met if the case is unsuccessful. Deducting a percentage of your damages if your case is successful is, in our opinion, the fairest way of ensuring people can access justice without any financial risk to themselves and one which allows us to deliver what we believe is the best service provided by a firm of personal injury lawyers in Scotland This funding model benefits you our research shows that, on average, you will receive over 3 times the pre-litigation offer from the other side s insurance company. In short, insurance companies know that we only negotiate from a position of strength and take us seriously as a result. In contrast, most other firms in Scotland will do everything that can to avoid the costs of litigation and, as a result, you will be left significantly short-changed on your rightful damages.

7 The process in legal terms Digby Brown will carry out an initial investigation into the circumstances of your accident. If they consider that your claim has reasonable prospects of success, the papers will be referred to Compensate who will carry out a separate assessment of the case. That contract will provide that, in exchange for a percentage of your damages, payable at the end of the case, Compensate will fund your case throughout, paying all outlays for medical records, expert witnesses and other expenses incurred, as well as giving you complete protection in relation to the expenses of the court action. Compensate will take out a legal expenses insurance policy, at their expense, to give you guaranteed peace of mind. Digby Brown will then be instructed to proceed with your claim. Many accident victims are forced to accept inadequate out of court settlements because they, or the legal firm representing them, cannot afford to take the wrongdoer to court. With the Compensate indemnity and funding package, you can negotiate from a position of strength. If a satisfactory settlement cannot be obtained, your case can be pursued through the courts. If you have any questions about the way your case is funded - do not hesitate to ask

8 Specialist departments dealing with: Road traffic crashes Cycling accidents Motorcycling accidents Telephone: Offices across Scotland - see website for details digbybrown.co.uk Work related accidents Employment law Asbestos related disease Industrial disease Foreign travel Clinical negligence Oil, Gas & Shipping Professional negligence Criminal injuries Product defects Cosmetic/Beauty therapy Horse riding Brain and Spinal injuries Loss of life Publication Ref: DB1002