How is a Scottish Road Traffic Accident claim valued?

If you’ve been involved in a road traffic accident in Scotland, seeking compensation through a solicitor can feel like a complex process.

Whether you’ve sustained personal injuries, damage to your vehicle, or suffered financial losses, understanding how your claim is valued is essential.

At Oakwood Scotland Solicitors, we guide clients through this journey, ensuring they receive the compensation they deserve. Here’s a breakdown of how road traffic accident claims are valued.

1) Injury type and severity (General Damages)

The most significant aspect of any road traffic accident claim is usually compensation for physical injuries. The amount awarded depends on the severity and nature of the injury. Solicitors rely on medical reports to determine the extent of the injuries, which can range from minor whiplash to more severe injuries like broken bones, head trauma, or long-term disabilities.

In addition to physical injuries, any emotional or psychological impact, such as post-traumatic stress disorder (PTSD) or anxiety, can also be compensated.

Scottish solicitors use the Judicial College Guidelines (JCG) to estimate the compensation range for different injuries, although these amounts may be adjusted based on Scottish case law and precedents.

2) Loss of earnings and financial impact (Special Damages)

If the accident has caused you to miss work, either temporarily or permanently, your claim will include compensation for lost income. This can cover:

Past Lost Earnings: If you were unable to work due to the accident, you are entitled to claim for wages lost from the date of the accident to the date of the settlement.
Future Loss of Earnings: If your injuries affect your ability to work long-term, your future earnings potential will be taken into account. This includes pension losses, missed promotions, and reduced ability to earn.

3) Medical costs and rehabilitation

Medical expenses directly related to the accident, whether incurred through NHS treatment or private healthcare, can be claimed. This includes:

Immediate Medical Costs: Such as hospital stays, consultations, and prescriptions.
Ongoing Rehabilitation: For injuries that require long-term treatment, such as physiotherapy or psychological support.
Specialist Equipment and Care: In more severe cases, if you need mobility aids, home adaptations, or professional care, these costs will be included in your claim.

4) Vehicle and property damage

In addition to injuries, you may be entitled to compensation for any property damaged in the accident, most commonly your vehicle. The cost of repairing or replacing the vehicle, as well as any personal items damaged during the accident, can be included in the claim.

5) Miscellaneous expenses

Everyday expenses that arise as a direct result of the accident can also be claimed. These might include:

Travel Costs: If you need to travel to medical appointments or for treatment, the cost of fuel, parking, or public transport can be reimbursed.
Help Around the House: If you need to hire help with household tasks due to your injuries, the cost can be added to your claim.
Vehicle Hire: If you require a temporary replacement vehicle while yours is being repaired, those costs can also be included.

6) Pain and suffering

Beyond financial losses, you are also entitled to compensation for the physical pain and emotional suffering caused by the accident. The amount awarded will depend on the impact the injury has had on your quality of life, the length of recovery, and any long-term effects.

7) Contributory negligence

In some cases, the amount of compensation can be reduced if the claimant is found to share responsibility for the accident.

For example, if you were not wearing a seatbelt at the time of the accident, or if there was a degree of fault in your driving, your compensation may be adjusted to reflect this.

8) Interest on compensation

In Scotland, you may also be entitled to interest on the compensation amount from the date of the accident until the settlement is made. This can increase the total amount awarded, especially if the claim takes time to resolve.

9) Legal precedents and costs

Solicitors will also look at previous, similar cases to estimate the value of your claim. In Scotland, road traffic accident claims follow established case law and guidelines to determine compensation.

Oakwood Scotland Solicitors offer no-win, no-fee arrangements, meaning you only pay if your claim is successful. Any legal costs or fees are typically recovered from the other party as part of the settlement.

Why Choose Oakwood Scotland Solicitors?

At Oakwood Scotland Solicitors, we understand the personal and financial impact of road traffic accidents. Our expert solicitors will assess every aspect of your claim, from medical evidence to financial losses, ensuring you receive the full compensation you are entitled to.

We’ll guide you through the entire process, keeping you informed every step of the way. If you’ve been involved in a road traffic accident, don’t hesitate to contact us today.