Suffered an injury? CDA Law offers a no win no fee service, and you keep 100% of your damages!
In Scotland, there is no automatic right to compensation. You have to prove that someone else has been negligent, and that this negligence has caused your injury. Recovering from an injury can be difficult and so it is best to have someone else investigate the circumstances of the accident. This is where I step in.
No amount of money can make up for the pain and suffering following, but it is the only way to try and put things right. CDA Law will help guide you through the process and obtain the compensation that you deserve.
Employer’s Liability Claims
For example, if your equipment breaks during the course of your employment and this causes you an injury, there is no guarantee that a claim against your employer will be successful. You have to show that your employer was, or should have been, aware that there was a fault. Your employer has a duty to inspect and maintain work equipment and provide adequate training on their use. They also have to act upon any defects reported to them. If they do not and you suffer an injury, then you have a reasonable chance of proving negligence. This is why it is important to report any defects in the workplace as this assists in proving your employer was on notice and failed to act. A significant number of claims fail purely because no previous complaints were made.
Public Liability Claims
These claims can arise from tripping on uneven ground or slipping on ice. However, not all of these claims are successful. The local authority has a duty to maintain the roads and footpaths in a good state of repair, but not to garden lawn standard. Roads and footpaths are under constant wear and tear and to repair ever single defects would put enormous pressure on the local authority, and may even bankrupt them.
Courts permit local authorities to exercise their own discretion in these matters, but they broadly do so in line with a nationally accepted code of practice. The generally accepted standard for actioning repairs is anything over 25mm on a footpath and 100mm on a road. If the local authority, through their regular inspections or following a complaint, fail to repair such defects, then you may have a claim against them.
Understandably, the most important evidence we need in order to pursue a successful claim against the local authority is a photograph of the defect. Without this, the claim is unlikely to succeed. The best way to obtain this is to place a vertical 10p coin (which is approximately 25mm in height) against the defect and take a photograph with your phone.
Road Traffic Accidents
Every road user has a duty to drive with due care and attention. However, accidents frequently occur when drivers speed, drive under the influence or just do not pay attention. Whether the result is a relatively simple whiplash injury, or in some unfortunate situations a fatality, a claim can be made against the third party insurer.
Medial Negligence Claims
Medical professionals spend their lives caring for us. Unfortunately, on rare occasions, the standard of care can fell below the standard expected of a doctor of ordinary skill acting with ordinary care. This can sometimes have devastating consequences on your quality of life and so compensation is necessary.