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compensation following an accident
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When someone dies unexpectedly as a result of an accident in Scotland, as a consequence of medical negligence or similar incident, a fatal accident inquiry (FAI), which is the equivalent of an English inquest, may be held.
Sudden or suspicious deaths have to be reported to one of the 11 Procurators Fiscal who will start investigations if the death appears to be as a result of a criminal act. Where the circumstances justify it, he or she will prepare evidence for a fatal accident inquiry.
The fatal accident inquiry will take place before a sheriff – the equivalent of an English judge – in a sheriff court without a jury. At the end of the hearing, the sheriff will give a determination.
Apart from reporting the place, time and cause of death, the sheriff will detail any precautions which might have avoided the death and any other relevant observations.
Relatives of victims of an accident in Scotland can be represented at the hearing by a solicitor or may appear in person.
At present, unlike the English system, a fatal accident inquiry will not be held if a Scottish person dies outside Scotland. In 2008-9, a review of the procedure was ordered by the Scottish government and changes to the inquiry system are likely.
If the victim was killed through no fault of his or her own, it may be possible to make a personal injury compensation claim on behalf of the family once the sheriff at the fatal accident inquiry has given his determination.
Making a Scottish accident claim
If you or someone in your family has suffered any kind of accident in Scotland where you are not to blame, you may be eligible to make a no win, no fee personal injury claim for compensation.
Here at YouClaim, our personal injury lawyers have years of experience dealing with Scottish law, and will be able to help you to make such a claim. Our advisors will be able to discuss your case in confidence and with sensitivity, and, should you decide to proceed with a claim, will be able to connect you with the best solicitor for your needs.
Every no win, no fee solicitor on our books is drawn from a firm approved by the The Law Society of Scotland, and most cases will be handled on a completely free basis to you, although complex medical negligence cases may have a different basis.
Our 100% guarantee, means that a successful case will lead to every penny of compensation going to you. Contact YouClaim today to make a Scottish personal injury compensation claim. We can call you at a time of your choosing, you can contact us through e-chat or use our free phone number 0800 10 757 95 for advice on starting an accident in Scotland claim.