FAQ's

If you do choose to pursue a personal injury claim you have 3 years from the date of the accident to make a claim. If you are representing a child you have up to 3 years from their 16^th birthday.

The medical appointment is in place to assess your injuries, give you an expected recovery time and recommend any further support that may be beneficial. It is important you tell the medical expert about all the injuries you sustained as a result of the accident, including injuries that you have recovered from, any new injuries that you may have developed, and any pre-existing medical conditions/injuries or previous RTAs.

Please have a photographic ID ready for your appointment (e.g. passport, driving license, or identity card) regardless of the type of appointment.

The expert is not there to provide treatment or prescribe medication. If you require further treatment other than physio, please contact your own GP for further medical advice.

Medical assessments are face-to-face appointments.  We will aim for a medical appointment to be in the closest town or city to you. Our focus is on identifying and instructing the most suitable expert though, and sometimes it may become necessary for you to travel further afield to receive the best medical assessment. Once the assessment has been arranged, full details will be provided to you and we will always discuss your personal circumstances with you before arranging an appointment.

Please have a photographic ID ready for your appointment (e.g. passport, driving license, or identity card) regardless of the type of appointment.

Medical assessments are face-to-face appointments.  We will aim for a medical appointment to be in the closest town or city to you. Our focus is on identifying and instructing the most suitable expert though, and sometimes it may become necessary for you to travel further afield to receive the best medical assessment. Once the assessment has been arranged, full details will be provided to you and we will always discuss your personal circumstances with you before arranging an appointment.

Limitation is the period of time after which you’re not allowed to make a claim against someone who caused an accident. In personal injury claims, the general rule is that the limitation period expires 3 years from the date of accident therefore, if you want to proceed with your claim you will need to do so within that time. Failure to do so may mean you are unable to claim. For children, the 3-year limitation period runs from a child’s 16th birthday.

Opening the trial:  This is begun by the pursuer’s representative, who explains the essence of the case and gives the sheriff a general idea of the papers and the evidence that will be brought. It will be explained to the sheriff which evidence is disputed and which is agreed. The sheriff will have had an opportunity to read some of the papers beforehand to already have some idea of the issues that must be decided.

Pursuer’s evidence: All the witnesses for the pursuer will then be called in turn, including any expert witnesses such as doctors or engineers. If there are a lot of witnesses, this stage can take a long time.

Defender’s case: The defender will then have the opportunity to call their own witnesses, who may be as numerous as the pursuer’s, so this again can be a lengthy process.

Submissions: Once all the evidence has been heard, the solicitors on each side sum up their arguments and have a final attempt to persuade the sheriff of their side’s case.

Decision: The sheriff may decide the case immediately. In complex cases, the sheriff may go away and think about the decision and so the parties will assemble in court again at a later date to hear the judgement given.  The decision may also be sent out to parties’ solicitors at a later stage.

We will brief you before you go to court and your file handler will instruct a barrister to represent you. When you get to court you will go through security scanners, similar to those airports. Please allow extra time to go through security as there will likely be queues. You will be asked to empty your pockets and you will either have to walk through an archway detector or be checked with a handheld scanner.

You will need to inform reception why you are there and the receptionist will direct you to sit outside the courtroom where you will meet with your solicitor. The solicitor will discuss your claim and the court process further,  and answer any questions you may have.

Most courtrooms are arranged similarly, with the sheriff or judge on a raised platform and the lawyers below.

There is often a court short-hand writer there to note down the evidence which is given. The solicitors sit facing the judge and there may be room for you to sit behind your solicitor. Otherwise, you will have to sit in the general seating area at the back of the court. You may, if you wish, be present during the whole proceedings – we will advise you when you must be there.