YOUR QUESTIONS

"WILL I HAVE TO GO TO COURT?"
The vast majority of claims for compensation are ultimately settled by way of voluntary agreement. This means that there is often no need for court proceedings to be issued and, if issued, it is only in respect of a small number of cases that a trial then takes place.
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"WHAT IF I'M NOT SURE IF I HAVE A GENUINE COMPENSATION CLAIM "
Don't worry. Many people are uncertain if they have a claim. The easiest way to find out is by completing the online form. That way the friendly team at Gildeas shall advise you on the merits of your claim and how to proceed. The whole process is completely free and so you have nothing to lose.
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"ISN'T IT A CASE OF MY WORD AGAINST THEIRS?"
As the victim, you have to prove each and every item of the claim. To succeed in a claim for damages for personal injury you normally have to prove that you have suffered injury and that someone else was negligent. You have to show that on the balance of probability your opponent owed you a duty of care, that they breached that duty of care and as a result of the breach, damage was caused.
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"WILL I BE EXAMINED BY EXPERTS WHO TRY AND TRIP ME UP?"
Prior to the case proceeding we try and agree as much evidence as possible with the opponent’s solicitors. In the absence of the such an agreement being reached then the Court shall decide how much weight to attach to that expert. In Scotland , the experts must speak to the reports and give evidence unlike in England . Provided you give your evidence in a truthful manner then you have nothing to fear about being caught out by an expert. The opponent’s solicitors may even carry out a surveillance video. This often happens in the more complicated personal injury cases. Again provided you are not lying about your injury then again you have nothing to fear. At the end of the day, Gildeas are only interested in representing clients who are truthful about their injuries and we would draw your attention that we would not hesitate to withdraw from acting in the event that you were not telling the truth.
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"WHAT DOES A MEDICAL EXAMINATION ENTAIL?"
It is important that when you are examined by a medical expert you explain to him/her in detail the nature of your injuries , how they were sustained, how they were treated, how they affect your working life and how they affect your social/domestic life.
Once the report is produced you will be given a chance to give your comments on it. Should you fail to make any comments and it turns out later that the report was not an accurate reflection of your injuries then you only have yourself to blame. Experts can make mistakes and are happy to rectify or clarify if they are called upon to do so. However. this is not the end of the process. The expert concerned may decide to make comment on obtaining more medical evidence from other experts. Indeed he may suggest a course of treatment. You have a duty to mitigate your losses. Thus if you fail to follow that course of treatment then the Court may form the view that you have failed to observe that duty. At Gildeas we have access to a huge number of experts all over the UK.

Generally speaking all evidence unless agreed must be given by the witnesses in Court. Thus if liability is disputed, we shall have to ask witnesses, police officers and engineers to attend Court to give evidence.
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“HOW LONG IS THE CLAIM LIKELY TO TAKE?”
This will always depend on the individual circumstances of your case. A straightforward road traffic accident can be settled within a few months, whilst more serious injuries may take longer. Once we have carried out initial investigations, we will be in a better position to anticipate how long it will take.
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“HOW MUCH COMPENSATION AM I ENTITLED TO?”
It all depends on the extent of the injuries you have suffered, average compensation claim ranges anywhere from £2,000 to £10,000. Serious or persistent injuries are substantially more. Other factors such as loss of earnings and out of pocket expenses are also recoverable.
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"WILL I LOSE MY DSS BENEFIT ENTITLEMENT SHOULD I BE SUCCESSFUL IN MY CLAIM FOR COMPENSATION?"
The compensation recovery scheme operates to “claw back” any DSS benefits you have received as a result of your injuries from any relevant compensation claim you may recover. The compensation recovery unit will tell your opponent and us how much benefit has been paid to you. Your opponent must withhold this amount from any relevant damages they agree to pay and forward it to the DSS.
Certain exemptions are applicable and we shall discuss this with you nearer the time.
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"WHAT SHOULD I DO NOW?"
If you have been injured through no fault of your own and feel you deserve compensation please call our freephone helpline on 0800 953 1368 or fill out the make a claim form. We will then give you a call and take you through what's involved in more detail.
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