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Most couples who are separating manage to resolve matters without going to Court, whether this be via negotiation, mediation, the collaborative process or arbitration. There are certain cases where either court action is required straight away or once all other avenues have been exhausted. It is important to consider the various options available to you and your family and consider which is the best way forward for you. Your solicitor can assist with this process.

To make a road traffic claim, it is important you have proof the other party or parties involved caused the injuries sustained. Taking photographs of the accident where possible, and taking details of witnesses to the accident will help with your claim. Keep damaged property where possible and any receipts for buying replacements. There are time limits for road traffic claims so speak to one of our solicitors as soon as possible after the accident to start your claim.

It is important to seek medical advice following an accident as soon as possible. This can provide valuable evidence in support of your claim and ensure that you receive the compensation level you deserve. The amount of compensation you will receive is based on an assessment of injuries sustained and you can also claim for loss of earnings (including bonuses, overtime and pensions), damage to property, the cost of care and any extra cost for domestic services incurred. Where someone has died in an accident, their close relatives can also claim for loss of income and also for ‘loss of society’ (compensation for the suffering caused by the loss of a loved one).

As with any personal injury claim, road traffic accident claimants must prove the following:

That the person defending the claim owed you a ‘duty of care’. The duty of care is an obligation that is imposed on every person not to do anything, or omit to do anything that could foreseeably cause harm. Where road traffic accidents are concerned, a duty of care is assumed in most circumstances, as road users owe a duty to each other.
That the person who caused the injury breached their duty of care: there must be evidence to show the duty of care was breached. This can be the more difficult of the two tests to satisfy and will largely depend on the quality of evidence. Evidence that road users did not follow the Highway Code, or that road users were in some way impaired when driving through alcohol or drugs; evidence that the road user was driving recklessly will help to satisfy this test.

The court recognises that although some injuries are the partial fault of the injured, they should be able to claim compensation for the negligence on the part of the other person or persons involved. The court will look at the case and decide what proportion of blame should be attached to each party. This is known as ‘contributory negligence’. Once the value of the compensation is determined, the other party will have to pay the portion equal to his/her part in causing the accident. Speak to one of our team for more information. Our solicitors will give you an estimate of what your claim is worth and explain the whole process to you.

A no-win no-fee agreement with Jones Whyte relieves you of the financial burden of litigation. It means you pay nothing to start your claim and as your claim proceeds. It also eases the worry that you may have about potentially losing your case, as you will not have to pay anything where your claim is unsuccessful.

Our firm is regulated by the Law Society of Scotland, so you can be sure that our work on your behalf is carried out to the highest standards. It also means that with a no-win no-fee agreement in place, the playing field is levelled for you. Even if you are going up against a big organisation, such as your employer or a hospital, you can be sure that you have access to the same legal resources as them. Please note, no-win no-fee is only applicable to specific case types such as personal injury, clinical negligence and road traffic accident. Please speak with our client services team should you have any questions.

Probate is a document issued by the court confirming the appointment of executors and their right to administer an estate. ‘Probate’ is actually the term used in England and Wales, in Scotland, the term ‘Confirmation’ is used. Many organisations such as banks and building societies and insurance companies refer to ‘Probate’ in their correspondence, regardless of where the deceased’s estate was.

What is testate and intestate?

A testate estate is one where the deceased has left a valid will directing how their estate is to be disposed. An intestate estate arises when the deceased had not left a will, or they left a will but it is invalid as to who is to benefit to their estate.

If there is an intestacy, the law then directs who should benefit and different thresholds apply in Scotland and England. Further administrative steps may be required when dealing with an intestate estate. Our bereavement team will be able to talk you through the process if this scenario is applicable.