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The answers to some of the most common questions about personal injury claims.


Is there a time limit to making a claim?

Yes.

You normally have three years from the date of your injury to make your claim. So, you could start your claim 2 years and 364 days after the injury in theory, but this is not advisable given the length of time it can take to get proceedings underway. It is worth noting that injuries abroad may be subject to an even stricter time limit. With certain types of injury, normally work-related (Asbestosis, deafness, Vibration White Finger etc) the three year period can be elongated. Contact us for more information if you think this applies to you.

If the injured party is a child, the three year period runs from their 18th birthday, not the date of the injury.

Do I have to pay legal costs?

No. Dallas McMillan operate on a No-win, no-fee basis.

This means that it if your case is unsuccessful, you do not pay us a penny. If your case is successful, we will reclaim our costs from the other side.

The other driver was not insured. Can I make a claim?

In the event that you are injured in a road traffic accident, but the other party was not insured, your claim will be made against the Motor Insurers Bureau. As such, you will still receive compensation of the other party is found liable.

How Long will my claim take?

Again, this depends on the complexity of the case. Simple, straightforward cases can take a matter of weeks. More complex cases may take in the region of 6 months. Dallas McMillan’s personal injury experts will be able to advise you of a likely time frame for your action.

What can I claim for?

See our What type of injury can I claim for? and our What can I claim compensation for? pages for more information on this.

How is my compensation calculated?

Your compensation is assessed based on a number of factors, including the type of injury, its severity, the lasting impact it will have on you and the cost of treating it. You may also be able to claim compensation for the psychological and emotional consequences of your injury. This last kind of compensation is known as ‘solatium’. Compensation is worked out using a definite scale known as the Judicial Studies Board Guidelines for Personal Injury Claims (The JSB Guidelines). These are based on historical awards for injuries of a type similar to yours. You should keep a note of any expenses you or your carers incur in connection with the injury as these may be reimbursed by the other party.

Will I have to go to Court?

Most claims will be settled before court action is necessary; however some do end up in court. Much of the process of a compensation claim consists in negotiation between the two parties legal representatives. On the rare occasion you do end up in court, our expert personal injury solicitors will advise and assist you through every step of the process.

I’ve been offered compensation by the other side’s insurers, should I take it?

No. The insurers will begin by offering you a settlement far below that which the JSB guidelines would recommend. You should seek legal advice before you accept an offer of settlement.

I think I was partly to blame. Can I still make a claim?

Yes. If you are found to have contributed to the circumstances which caused your injury, your compensation will be reduced. If you are found to have been 50% to blame, you will receive 50% of the compensation to which you would have ordinarily been entitled. Who pays my compensation? Your compensation is paid by the losing party. In most claims, the compensation will be paid by the other side’s insurers. So, if you are making a claim against your employer, you have nothing to worry about. 

How do I make a claim?

Get in touch with Dallas McMillan as soon as possible. We can advise on all aspects of your claim, take you through the process and give you an estimate of the likely timeframe and award.

Contact our expert personal injury solicitors today

Based in Glasgow, our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win no-fee service. Contact us today on 01413336750  or, alternatively, complete our online enquiry form opposite.

What types of injuries can I claim for?

Once you’ve established that you have been injured in an accident or at work, the next step is to work out what you are claiming for.

Personal Injury Claims

What type of accident can I claim for?

Some of the more common types of accident include:

One of the most common places injuries are suffered is at work. For the year 2010/2011, almost 27 million working days were lost through injury according to the Health and Safety Executive.

You can claim for work related injuries caused by:

If your work related injury was caused by defective equipment, the mistake or negligence of a colleague or because your employer failed to take sufficient care for your safety then you may have a claim.

Accidents can happen anywhere. If you have been injured and think you have a claim then contact our expert personal injury law solicitors now.

Some of the more common types of injury include:

Contact our expert personal injury solicitors today

Our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win, no-fee service. Contact us on 01413336750 or, alternatively, complete our online enquiry form to the right.

Industrial Diseases Claims Solicitors Glasgow

We specialise in industrial disease claims and have successfully dealt with a large number of often highly complex personal injury claims for industrial diseases. These claims often settle out of court, which means you will not have to attend court to get your compensation. Our highly skilled solicitors can guide you smoothly through the entire process, and ensure you are kept informed of your options every step of the way.

We can assist with the following industrial disease claims:

Industrial Disease Claims Solicitors Glasgow

Our highly skilled personal injury solicitors are based in the heart of Glasgow and serve the whole of Scotland including Edinburgh, Aberdeen, Dundee, Inverness, Argyll, Dumfries & Galloway and Lanarkshire. For further information about how our specialist lawyers can help you claim compensation, complete our online enquiry form or call us on 01413336750 .

 

What our clients say

I would like to thank and commend David McElroy on his expertise and professionalism in bringing my husband’s compensation case to a successful resolution. So helpful and easy to work with and updated us every step of the way
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Exposure to asbestos can cause Mesothelioma and Asbestosis; both very serious medical conditions. If you have been diagnosed with one of these asbestosis-related illnesses, you may be entitled to compensation. We want to help you get it.

No win no fee asbestosis & mesothelioma claims, Glasgow

If you have been diagnosed with an asbestos-related illness, you are likely to have lots of questions. We can provide the answers.

Both mesothelioma and asbestosis have a huge impact upon the sufferer’s life as well as the lives of their families and friends. Receiving compensation for your illness can help address your financial concerns, get the medical help you deserve and make living with your condition a little easier. Our expert lawyers have the experience and knowledge to handle your claim in a way that makes compensation a reality.

Mesothelioma is a type of cancer found in protective membrane that lines internal organs, including the heart and lungs. Symptoms are generally minimal initially but can lead to breathing complications.

Asbestosis is a chronic lung disease resulting in the scarring of lung tissues, again often causing long-term breathing complications.

In most cases, mesothelioma and asbestosis, will have been caused by exposure to asbestos during employment undertaken many years ago. Miners, construction workers and ship builders are examples of workers who may be affected. We have helped many clients make claims in these circumstances.

Even if you are unaware of where, when or how you became exposed to asbestos, our specialist team can help you uncover the truth and will work tirelessly to get you compensated appropriately.

Mesothelioma and Asbestos Related Injuries in the Workplace

What is Mesothelioma?

Mesothelioma is a type of cancer caused by exposure to asbestos. The disease is most commonly contracted due to exposure to asbestos in a work environment. 

Mesothelioma affects the body’s mesothelial cells. These are the cells that cover the outer surface of the body's internal organs. Mesothelioma may affect the lungs, the heart or the abdomen.

There is no cure for the disease and post diagnosis victims may only live for a short time. Although the usual forms of cancer treatment are available, mesothelioma is considered to be a terminal illness.
If you have been diagnosed with mesothelioma, you may be able to make a claim for compensation.

What Causes Mesothelioma?

Mesothelioma is caused by breathing in asbestos dust. Men are approximately four times more likely to be affected, as in most cases the exposure to the asbestos dust happened in work in places such as shipyards, building sites, power stations, railway workshops and other factories - where the work force was largely men at the time asbestos was widely used.

Mesothelioma can develop after exposure even to relatively low levels of asbestos or where exposure occurred only over a short period of time.
Women who develop the disease have most commonly contracted it after contact with the work wear of their male relatives and partners. However, some may have been exposed directly at work, or by living near a factory which released the fibres into the environment.

How was Asbestos Used?

Asbestos is a naturally occurring mineral. Its name is derived from a Greek word meaning inextinguishable. It was mined and used by the Ancient Greeks and the Romans, and then became increasingly popular during the 19th century.

Due to its resistance to heat, electricity and chemical damage, together with its ability to absorb sound, asbestos was commonly used by the building trade as an additive to cement by the car industry as brake shoes, and in the engineering industry as a lagging for pipes and boilers

Asbestos was used heavily after the Second World War in 1945 and was not completely banned from use in the UK until 1999.

In which type of work was Asbestos Use Common?

Boilermakers and Laggers - Boilers were usually insulated with asbestos lagging, which had to be fitted to the boiler. This meant that this group were particularly at risk of developing the disease.

Electricians - Electricians often have to cut through asbestos insulation to install equipment, putting them at risk.

Joiners, Carpenters and Builders - There is risk of developing mesothelioma as they may need to deal with asbestos cement used in walls, ceilings, flooring, roof tiles and insulation.

Motor Mechanics - Asbestos was frequently used in brake pads and clutches; this puts motor mechanics at risk.

Pipe Fitters and Plumbers - The installation, maintenance and repair of pipes, boilers and heating systems puts this group at risk of developing mesothelioma as pipes often used to be covered with asbestos lagging.

However, victims of exposure to asbestos are not limited to the groups listed above, these are simply the most common.

Other Asbestos Related Injuries

Asbestosis

Asbestosis is thickening of the lining of the lung that can cause breathlessness. This can affect your ability to work or to carry out basic daily tasks. Symptoms can take decades to become apparent, and it is often many years before the illness is diagnosed.

The law limits personal injury claims to a period of three years following the accident, but in the case of asbestosis, the time period runs from when you become aware of the disease.

Pleural plaques

Pleural plaques are asymptomatic scarring of the lining of the lung. Asymptomatic simply means that there are no discernible symptoms. Despite the fact they do not materially impact on the quality of one’s life, the Scottish Parliament has decided they are injuries for which compensation can be sought, as they are evidence of exposure to asbestos.

If you have contracted any of the above diseases, or would like more information on asbestosis claims, contact our expert personal injury solicitors today.

Can I Claim Compensation for Mesothelioma or Another Asbestos Related Injury?

Workers in UK industry were exposed to asbestos for many years. You may be able to claim compensation for any injuries you have suffered if you meet the following criteria:

  • You found out about the injury at some point in the last three years.
  • Your former employer(s) failed to take adequate measures to protect you from exposure to asbestos.
  • The insurance company which insured your former employer(s) can be traced.
     

Asbestos can lead to a variety of medical conditions. Not all are fatal. However, medical opinion is that the conditions listed above can be caused by a single asbestos fibre.

It is impossible to say how and where you contracted an asbestos-related medical condition. This means that if you have worked for, say, 5 employers dealing with asbestos, and each was negligent in allowing you to be exposed to asbestos, you can raise a claim against each for compensation in proportion to the amount of time for which you worked for that company.

We have excellent experience in bringing mesothelioma claims and securing maximum compensation for our clients and their families.

Case Study 1

We have recently settled a claim on behalf of a former shipyard joiner who worked in the Clydeside shipyards in the late 1950s and early 1960s. He was regularly exposed to asbestos fibres throughout his time there.

We were able to secure maximum compensation for the client, which included compensation not only for the pain, suffering and tragic curtailment of life, but also the past and future loss of income resulting from his sad loss of years. Furthermore, we secured compensation for the huge assistance and comfort given to our client by his family.

Case Study 2

We also recently brought a claim on behalf of a former fitter, who has sadly now passed as a result of his mesothelioma. Our client worked in an East Lothian power station. He was exposed to quantities of asbestos fibres in the stripping down and maintenance of boiler plant, piping and equipment which was lagged with asbestos material.

Subsequent to his tragic passing, we pursued claims on behalf of his executor, widow, brothers, children and grandchildren. All claims were settled in full by the insurers of the power station employers.

Claim Compensation - Act Fast

If you have been diagnosed with mesothelioma or asbestosis, it is vital that you seek specialist advice as soon as possible. Act now! The law requires claims be made within three years of diagnosis.

Got questions? Contact our asbestosis & mesothelioma claim solicitors in Glasgow today

Our expert team of solicitors are asbestosis & mesothelioma claims specialists. We have the knowledge and experience to guide you through the entire claims process. To find out more about how our specialist solicitors can help you get the compensation you deserve, please complete our online enquiry form to the right. Alternatively please telephone us on 01413336750 to start your claim today.

Dallas McMillan helped me with my accident claim and were very supportive throughout the process and yielded positive results.

Contact our Personal Injury Solicitors in Glasgow City Centre

Based in Glasgow, our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win no-fee service. Contact us today on
0141 333 6750 or, alternatively, complete our online enquiry form

Our Personal Injury Solicitors can help you Claim for

“May I just say a very big thank you for the very kind, sensitive and professional way in which you have dealt with my claim.”
Mrs A, Glasgow
 
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No Win, No Fee Personal Injury Solicitors Glasgow

Based in Glasgow, pursuing personal injury claims across Scotland, our law firm routinely represents clients on a no-win no-fee basis, ensuring that clients do not have the additional burden of financial concerns about pursuing compensation. Where at all possible, we also pay 100% of settlement sums to clients on success, without any deduction towards payment of fees, VAT and outlays.

We have vast experience in pursuing Personal Injury claims in respect of: head & brain injuries, spinal injuries, accidents resulting in paralysis, medical negligence, cycling accidents, cosmetic beauty claims and more.

We understand that the thought of raising legal action can be daunting and many are put off by the costs involved. However, we operate on a no win no fee basis which means that if your claim is ultimately not successful then you will not be charged any legal fees.

Why Choose Dallas McMillan Personal  Injury Solicitors?

We deal with a large number of claims and understand the difficulties, pain and stress that injuries can cause. That is why we are experts at dealing with personal injury claims and the sensitive issues that surround them. We will approach your case sensitively and ensure that it is handled efficiently. Our team of leading personal injury lawyers will ensure that you are kept fully up to date as to the progress of your case and will always be on hand to answer any questions that you may have. We will provide you with realistic advice as to the prospects of success in your cases, and also on the likely amount of damages that may be paid to you.

Our team pursues claims throughout Scotland, not only in all Sheriff Courts but also in the Supreme Civil Court in Scotland: the Court of Session in Edinburgh. The department is headed up by Gordon Bell, Partner and Head of Civil Litigation, who is a Law Society of Scotland Accredited Specialist in personal injury claims and a member of the UK Association of Personal Injury Lawyers.

The PI litigation team prides itself on not only providing a friendly and personal service to clients, but also high-quality legal advice in this very specialised field. Based in Glasgow, Scotland, our personal injury claims lawyers can help you achieve the best result for your accident claim.

Contact our Personal Injury Solicitors in Glasgow, Scotland

Based in Glasgow, our leading Scottish Personal Injury Solicitors can advise on all aspects of your claim. We offer a no-win no-fee service. Contact us today on
0141 333 6750 or, alternatively, complete our online enquiry form.

 

"To say that this highly professional lawyers saved my life would not be an understatement. Their support during a very challenging time was invaluable. I'd highly recommend them and am very thankful that I found them."

“May I just say a very big thank you for the very kind, sensitive and professional way in which you have dealt with my claim.”
Mrs A, Glasgow
 
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