Personal Injury Department

Our Reparation Department is headed by Nick Gordon who, together with his team, has many years experience in dealing with claims for personal injury and other associated damages.

Recognised by the Legal 500 for expertise in Claimant Personal Injury work - and as members of the Association of Personal Injury Lawyers (APIL) - our Reparation lawyers can handle any claim for damages against anyone who has caused you injury, through negligence.

From our office in Dumfries, we are well placed to handle personal injury claims not only in the south-west of Scotland, but throughout.

If you have suffered as the result of an accident within the last three years (the usual time limit to apply), we can advise you as to your legal rights and assist you in recovering not only compensation for your physical and psychological pain and suffering, but also any financial loss you may have incurred, such as a loss of earnings to the past and future. We can guide you through all stages of the claim process and should litigation ultimately be necessary, we are experienced at all levels of court representation - in both the Sheriff Courts and in the Court of Session.

Personal injury law is highly specialised. At John Henderson & Sons LLP, you will benefit from the knowledge and expertise of a specialised team of personal injury lawyers who can deal with the complexities that different types of accidents involve.

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We can deal with all types of Damages claims:

Road Traffic and Pedestrian Accidents:

If you have been injured as a result of another road user's fault and negligence, we can pursue a claim for compensation for your injuries and financial / uninsured losses. Usually, claims will be dealt with by the third party's motor insurer but in cases where the negligent driver is uninsured or cannot be traced, we can direct your claim against the Motor Insurers' Bureau, who effectively take the place of the insurer.

Workplace Accidents:

Regardless of where you work, employers have a legal duty to ensure that places and systems of work are kept safe. As well as the common law, an increasing number of regulations now exist to protect employees at work. Where it can be shown that these have not been complied with and where that failure has caused personal injury, you are entitled to pursue a damages claim. We can also assist with recovery of compensation for a number of work-related conditions including Hand-Arm Vibration Syndrome, where negligence can be established.

Other Accidents i.e. slips, trips and falls:

Many claims are brought against the occupiers of unsafe premises (such as supermarkets or car parks) or local authorities (Councils) where accidents such as slips, trips or falls are suffered by members of the public on defective roads and pavements. Where it can be shown that a defect has been present for a minimum period of time during which the occupier or local authority ought to have picked up on it through a reasonable system of inspection and repaired it - or where it can be shown that the occupier or local authority has failed to respond to a complaint or series of complaints within a reasonable period of time - it may be possible to recover compensation. If you have been injured by a defective product or one which did not have adequate safety instructions, you may be able to recover compensation from the manufacturer, or in some cases the supplier, in terms of Consumer Protection legislation. We can assist with all of these scenarios.

Medical, Dental and Professional Negligence:

At John Henderson & Sons LLP, we have considerable experience and specialist knowledge in the investigation and handling of complex claims against doctors (hospitals / GPs), dentists and other health care professionals.

Criminal Injuries Compensation:

Where you are the victim of a violent crime such as an assault, we can make an application on your behalf to the Criminal Injuries Compensation Authority and guide you through the process that entails. We can also deal with the preparation of "review" applications and advise on Appeals to the Tribunals Service, where they are necessary. It is important to note that most Criminal Injury claims must be submitted within two years of the violent crime taking place.

Funding a Compensation Claim:

Cases may be taken on a 'no win no fee' basis or on a private client fee-paying basis. Depending on your financial circumstances, Legal Aid may be available.