Serious injury claims
Some people suffer an injury so serious, so life-changing, that they need more than just a lump sum of compensation.
They and their families need expertise on a range of subjects that they don’t even yet know they require. They need comprehensive rehabilitation…access to specialist medical treatment not available on the NHS…or help from care professionals who can aid the families of the injured person.
Such care might seem too big to be possible or too good to be true – but it is.
At Digby Brown we help people who have suffered a life changing injury, our reputation has been built on this work and we are here to help you. The Serious Injury department primarily deal with:
Some people might think such issues are a difficult subject to highlight but it is absolutely vital that they are. The reason for this is because if someone suddenly finds themselves in any of these situations then it’s important they know what help is available to them and how they can access it.
We understand that after a life-changing accident you want support. You want answers. You want assurances. You want to know what will happen and when.
Well one of the most crucial aspects to unlocking the answers to all these points is early intervention. The sooner you come to Digby Brown the sooner we can take positive action with your serious injury compensation claim, and help provide the solutions you need.
The untold benefits of using Digby Brown is our past experience, our expertise and access to others with similar like-minded extensive expertise, our knowledge of the legal system, our drive to achieve landmark results and our core value of putting our clients at the centre of everything we do.
And the key thing to remember is you are not alone, there are answers and there is a future.
We know the many questions you will have
Please don’t think we are being arrogant. Please don’t think we are being boastful. We have helped hundreds of people who have been in a similar position, whose lives have been turned upside down and back round again.
We know how devastating this seems today, but we know we can help. As we have helped others before you. There is a path towards a new future and we can help take you towards it.
At Digby Brown we don’t sell houses, we don’t write tenancy agreements or negotiate corporate take-overs, we don’t even offer a will service. We are specialists because we need to be – personal injury litigation is a highly complicated area of law and we are the experts of serious injury claims in Scotland. Our track record speaks for itself.
How Digby Brown can help after a serious injury
Our serious injury solicitors help survivors who have suffered life changing injuries secure fair, even landmark, settlements but we’re equally committed to making sure survivors and their families have their health, welfare and social care needs sorted.
We believe you should not have to wait until the end of your catastrophic injury claim to secure these vital services.
An important thing to point out right away is that you do not pay for any immediate treatment, services or support you need. We add these kinds of costs to your claim so that the other side (most commonly an insurance company) pays the cost of this. This is because we believe that if it’s not your fault you were injured then you shouldn’t have to pay for your medical care.
If your particular circumstances mean you don’t need help straight away but may require it in the future then we can still calculate these costs and add them to the value of your serious injury claim.
Either way, as soon as you become our client we will take immediate steps to assess your needs and whether you could benefit from:
Urgent medical care – this can also include private treatment to give you the best possible chance to recover from your injuries as fully as possible.
Counselling or CBT (cognitive behaviour therapy) – sometimes people struggle to come to terms with their accident and a new way of life (such as someone who suddenly finds themselves relying on a wheelchair). But speaking with a reputable therapist as soon as practical can help you tap into a positive mindset which can massively enhance the effectiveness and speed of your recovery.
Interim payments – it is often the case that a serious injury can prevent a person from working which in turn results in the survivor losing their wages. In these cases, we can speak with insurers and get you an ‘interim payment’. This is where you get a lump sum of cash to cover any immediate costs like mortgage payments.
A case management worker – this is a dedicated care professional who will take a hands-on approach to helping assess and solve your immediate, short term and long term care needs while also putting things in motion to help you create a home, personal and (if possible) work life for the future.
Welfare rights – people affected by catastrophic injuries (including the survivor’s family) are entitled to certain benefits and welfare support from the government. However it can often seem a daunting process or difficult to understand. So to help, we have in-house staff who help clients navigate this process on a pro bono basis – this means we do it for free simply as part of our commitment to providing you with a full and compassionate service.
Charity support – some people come to us for help after being referred by a number of charities who recognise our expertise for helping survivors. However if you have come to us as an individual then we can still put you in touch with these charities who can offer you further guidance, hands-on help and provide a network of friendly, similarly affected people that can help with your journey.
Our serious injury claims process
When you come to Digby Brown we already know there’s going to be unique circumstances affecting you or your family. This means you can already know the care and services we provide will be uniquely tailored to meet your individual needs.
This approach is true for every person we help, whether their accident relates to a brain injury, spinal cord injury or loss of limb.
But as well as some unique differences each legal case we build still has similar key milestones:
Initial interviews – our serious injury claims solicitors will follow up your query with a personal visit to make sure you have everything you need. This interview can be at your home, one of our seven offices or even at hospital if you are still engaged with rehabilitation work. Whatever is easiest and most comfortable. During this meeting we will also explain how we fund your case with our no win, no fee Compensate funding model.
Sorting additional help – after the interview we’ll be able to consider any immediate or short term needs you may have like those outlined above. We will then start the process of putting these in place for you.
Intimating claims – once we go through the initial investigations of your case we will write to the other party (most commonly an insurance company) and inform them that we are acting on your behalf to recover compensation.
Gathering evidence – our serious injury claim lawyers then work with leading medical and financial experts to fully value your claim, making sure it takes in all your current and future care needs as well as compensating you for your pain and suffering as well as loss of earnings (including pension).
Negotiating with insurers – after gathering the evidence we then present our valuations and arguments to the other party and we negotiate a settlement. If the compensation being offered is fair then we will offer you guidance on acceptance. If we think the other side is offering less than you are entitled to then we would advise you to refuse and instead prepare for court.
Preparing for court – we draft legal documents with the intention of going to court to get you as much compensation as you deserve. It rarely actually goes to court though – it is often the case that simply raising a court action can encourage the other side to increase their compensation offer to what we believe is fair.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Our commitment to helping serious injury survivors
For more than 40 years we have been actively involved in helping people as much as we can outside the court room whether through charity work, hosting events, educational awareness, corporate sponsorship or simply giving survivors and their families the opportunity to take a breather and make some fun memories.
Digby Brown has been associated with some of the key charities relating to serious injuries in Scotland. Spinal Injuries Scotland, HITS – Head Injury Trust for Scotland, predecessor to Headway, Child Brain Injury Trust, Bobath now Cerebral Palsy Scotland to name just a few.
Head Injury Information Day (HiiD) – for 10 years we have hosted this annual event where brain injury survivors or medical and care professionals can come together to share knowledge and access support. With more than 30 exhibitors and 300 people attending the last HiiD event in Glasgow and Edinburgh it has now proved so popular that there are plans to introduce similar events in Inverness, Dumfries and Aberdeen.
Summer BBQ at Castle Semple – each year we host an annual day out at Castle Semple Loch near Lochwinnoch, Renfrewshire where wheelchair users can experience hand cycling, sailing or kayaking.
Winter Dinner Dance – an annual black tie gala that welcomes around 550 guests with the aim to raise vital funds for Spinal Injuries Scotland. We’ve been organising this event for over 18 years. Our last event raised more than £80,000 on the night.
Edinburgh Young Drivers – every October we work alongside safety stakeholders such as Edinburgh City Council, Lothian Buses and Police Scotland to educate S4-S6 pupils on the importance of road safety before they take to the roads on L plates.
Christmas Cards and New Year Calendar competitions – in 2015 we started this competition for acquired brain injury victims as a way to reach out to individuals but also help them tap into their creative selves. Our last competition saw more than 300 entries!
Wheelchair sport sponsorship – we also sponsor two local sports teams: wheelchair rugby team Caledonian Crushers; and the Dundee Dragons, a multi-sport team that offers the likes of basketball, rugby or tennis to its members.
Specialist appointments – Digby Brown is also a member of the Head Injury Trust for Scotland, a founding member of the Brain Injury Network Group (BING).
Our reputation for helping serious injury survivors
Our reputation in helping survivors of serious injury is recognised by leading charities and organisations across the UK.
Spinal Injuries Scotland and Back Up often refer spinal cord injury survivors to Digby Brown for legal support. While national brain injury survivor network Headway highlights Digby Brown as a go-to firm for legal help after a traumatic brain injury.
Having close bonds with SIS and Back Up means Digby Brown also has a great reputation among NHS staff at the Queen Elizabeth National Spinal Unit in Glasgow – a state-of-the-art facility dedicated to treating and rehabilitating survivors of spinal cord injury.
We also repeatedly top legal rankings year on year for personal injury work. In Chambers & Partners the firm has been ranked Band 1 for the last 15 years. The head of the Serious Injury department Chris Stewart is also ranked as a leading individual. While in The Legal 500 we have been ranked Tier 1 for the last 14 years.
The Association of Personal Injury Lawyers (APIL) has around 50 accredited specialists in Scotland for personal injury work – and around half of these work at Digby Brown. Even our very own Moira Kay, who is a Partner in the Serious Injury department, is the only APIL-accredited specialist for both brain injury and spinal cord injury in the whole of Scotland.
And on top of all that…the expertise, experience, resources and reputation of the Serious Injury department means that it alone has recovered more than £223million for just 470 clients in the last 10 years.
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