What is personal injury?
A good example includes being injured at work, in a traffic accident, being injured as a result of faulty goods or services, can be an injury as a result of tripping on paving stones, could be caused by errors during hospital treatment or an injury sustained by the victim during a crime. Personal injury can be said to be physical or psychological.
As the victim, if you have sustained an injury in Scotland, you need to consider this:
- You can make a complaint against the individual or organization responsible for your injuries
- You can make a compensation claim that will cover losses suffered as a result of the injury. This may be brought about by certain circumstances like being unable to work.
- You can contact an organization that offers support or counseling (Read further under Action to be taken.)
- Your need to find a lawyer that practices Scots law see Accident Claims Scotland
Depending on the action you would want to take against your personal injury, the following are a few options you have:
You can inform the police for example if the personal injury happened because of a road accident.
In case the injury was caused by the police, you may want to seek help from an experienced adviser like the Citizens Advice Bureau.
- If the injury is as a result of a road accident, you need to report it to your insurance company. It may become invalid if it’s not reported early.
- If the personal injury occurred in Scotland, notify your employer. Ensure all accidents are entered into the accident-book. Your employer is responsible legally for reporting accidents to the relevant authorities (the Health and Safety Executive or local authority environmental health department). If your employer fails to do so, they will be prosecuted.
- If the injury is serious, visit your GP. This should also be done if the injury is minor. All injuries need to be in your medical records. Your GP will be requested to supply a report in court if you seek compensation.
- Gather evidence regarding the accident and your injuries. Detailed photographs of the scene showing the causes of injuries are required and must be taken. Write a detailed account of what happened while you can still remember the details clearly. Write down any witnesses present by including their name and addresses.
Accident Claims at Work
In case the accident occurred at work, you need to make sure the employer records the incident in the accident-book. You can write down details about the accidents and injuries if your employer does not have an accident book. Always make sure you have a copy for future reference. As a self-employed individual, you are responsible legally for reporting such accidents and injuries to the Local “Authority environmental Health Dept” as well as the “Health and Safety Executive”.
Filing a complaint
An apology and an explanation of what went wrong should be provided in case you are involved in an accident and are injured in the process. You can follow official complaints procedures laid down by the organization.
Complaints procedures are known to be time consuming and in the end, it will be no more than an apology. If you have been involved in an accident and are seeking accident claims in Scotland, there are time limits involved when it comes to making complaints for legal action to be taken. Furthermore, going through a complaint’s procedure will delay matters.
You can make your complaint to:
- A government department Local authority
- An employer The police
- The school or other education institution
- The hospital or other National Health Service institution.
You should seek professional help from a qualified specialist if you are looking for more information on how to make official complaints to the above organizations. http://www.lawscot.org.uk/find-a-solicitor/