claiming for damages

If there is an accident, it may be possible to make a claim for damages. The fact there was an accident however is never sufficient in itself. It is necessary to prove a breach of a legal duty, either under statute law or common law.
Cases are almost always handled by insurance companies, as follows.
- A letter is normally sent with details of the claim, which the insurance company investigates.
- After the investigation, a decision is taken by the insurer on whether or not to admit liability or to discuss settling the claim by negotiation.
The majority of claims lead to a settlement, but the company or insurer defending the claim can argue that:
- there is no legal liability.
- the family member was partly to blame for what happened ("contributory negligence"). (This can cause the family concern and often requires expert witnesses to assist.)
However, only a small proportion of claims proceed to a full Court hearing, and most claims settle out of Court.
If the claim does have to go to Court, a solicitor will advise on how the Courts work with regard to their various formalities and procedures and who will be involved (including advocates).
The Witness Service is run by Victim Support Scotland to help people through the judicial process by providing free practical and emotional support. Staff and volunteers from the Witness Service will be happy to give details of local Victim Support area services.
The amount of damages awarded depends upon a series of factors, but there are normally a number of different parts of the claim, called "heads of loss", as follows.