Orthopaedic Injury
Claims FAQs

Depending on the circumstances of your case, NewLaw’s specialist Welfare and Rehabilitation team will meet with you, to give you and your family information and emotional support following a serious injury. If you required hospital admission due to the injury, a member of our welfare team can visit you at the hospital, liaise with hospital staff to facilitate a safe and appropriate discharge, and ensure that you will have access to all the services that may be of assistance to you from the NHS and your local authority.

At NewLaw Scotland we are committed to securing the best outcome for each of our clients by working with all the professionals involved to maximise the impact of early intervention. Our team will arrange for a needs assessment to be carried out as soon as possible by a qualified individual. They will recommend a programme of rehabilitation, which will cover the relevant areas such as:

• physiotherapy;
• hydrotherapy;
• psychological input;
• speech and language therapy;
• case management;
• occupational therapy, e.g. assessment of accommodation and equipment needs.

We understand that you may need specialist care following an injury, therefore depending on the circumstances of your claim for compensation, we can put in place a comprehensive rehabilitation plan suitable for your individual needs.

We will start by discussing with you what assistance you may need; we can then arrange for an experienced and knowledgeable specialist practitioner (a case manager) to visit with you to discuss. Our case manager can also recommend practical support and assistance; for example, it may be that following the injury that you may need assistance with household tasks. Also, if you are unable to drive as a result of your injuries, the case manager may suggest that a taxi account be set up in order to ensure that you can still get around and attend appointments.

NewLaw’s team of specialists, where appropriate will then be appointed to oversee the implementation of the case plan, ensuring that appropriate local agents are all put in place and will ensure the smooth running of a care plan for you. Your needs will often change over time and the case manager will keep your requirements under review and ensure that you are getting the best help possible.

Yes, NewLaw’s personal injury claims solicitors can help you claim for compensation for your home adaptations or equipment that you may require after an accident or injury that wasn’t your fault.

Post injury, NewLaw will seek to arrange for an Immediate Needs Assessment to be carried out by an experienced and specialist case manager at the earliest opportunity. The case manager will explore the nature and the extent of accommodation and other rehabilitation needs required by you. The case manager will assess your immediate needs and complete a full and detailed report, which will be to identify all future accommodation needs and to make recommendations about how these should be met to ensure that you are able to live as independent a life as possible.

The list of home adaptations needed after a serious personal injury can be endless, but some common examples include:

• widening door frames with sliding doors, to allow better wheelchair access;
• incorporating lifts or stair lifts;
• height adjustable sinks with motion sensor controlled taps to ensure the sink is equally accessible for the wheelchair user and the rest of their family;
• convert bathrooms into wet rooms;
• built in thermostats to showers and taps;
• underfloor heating;
• installing handrails;
• control panels to control numerous household objects at the touch of a button;
• adding ramps or level access to the home and garden areas;
• extensions to include ground floor bedrooms, bathrooms and therapy rooms;

On some occasions, it may not be possible to adapt a client’s property due to structural restrictions or the client living in a rental property, therefore it may be more suitable to purchase a new house or bungalow. We are able to make arrangements to investigate and identify a new property to purchase before the necessary housing adaptations are made. Where this is the case, in addition to the costs of the adaptations themselves, we can also seek to recover compensation for the additional cost of buying a larger property together with the incidental costs of the purchase such as estate agent fees and conveyancing costs, and the annual costs of running a larger house.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.