As Jack Frost comes out to play, watch your feet don't slip away. With sub-zero temperatures and changes to the law of damages on the horizon, it is important to remain vigilant this winter to avoid an unwanted Christmas present - a personal injury claim.
Recently, the Scottish Law Commission has recommended some changes to the law on damages in terms of personal injury actions.
Many reforms were included in the Report have been recommended to bring the Administration of Justice Act 1982 up to date as there has been a lot of societal change since then and the law on damages should reflect this.
Important Recommendations from the Report
- The definition of "relative" will be updated to reflect modern society which will include friends and neighbours, for example. This will extend the type of persons entitled to damages for services to an injured person.
- Allowing injured persons to choose private medical treatment, including care, equipment and accommodation, as opposed to relying on public sector support such as the NHS and local authority.
- Increased monitoring of damages awarded to young children by the courts.
- Seeking clarity on the term "contribution" in relation to a permanent health insurance scheme. This would allow it to be determined if a payment made to an injured person under such a scheme should be deducted from an award on damages.
- Resolving the issue with time-bar and asymptomatic conditions such as pleural plaques will no longer be time-barred. This will allow recovery of damages for a condition which can develop further down the line, such as mesothelioma.
Lady Paton, the lead commissioner on this project, stated: "It is important that the law on damages for personal injury is fair and reflects modern society; and also that it operates in a clear and consistent way. The Report examines some areas of the law of damages and recommends reforms modernising the law so that it is fit for today's society."
These are important changes to bear in mind in the future, as according to statistics from the Scottish Crime and Justice Survey, personal injury claims were the third most common type of civil litigation in 2022-2023.
If you or someone you care about has been injured, it's essential to understand your rights. We are here to help you navigate this process. Our team of litigation specialists is ready to guide you every step of the way to ensure you secure your rights. We invite you to call 0141 221 1919. We are here to listen and support you as you move forward with your claim.
