Making a personal injury compensation claim

Has your life or ability to work been affected by your injury? Our personal injury specialists can help.

If you were injured in the last 3 years and another person was to blame, you could claim financial compensation.

How were you injured?

The claims process is different, depending on how and where you were injured. Personal injury solicitors tend to specialise in specific types of claim.

For more information, see:

Can I make a claim?

The basic criteria for making a claim are that the injury must have occurred:

  • within the last three years, and;
  • another person was at least partly to blame, and;
  • that person owed you a duty of care.

To get a clearer idea if you can make a claim, you can check your claim online, or for a more definitive answer, speak to an injury claims advisor on 0800 376 1001.

Are there any other factors that could affect my right to claim?

Yes. There are quite a few other factors that can affect whether a successful claim will be possible, such as the accident circumstances or whether the claim is considered to be low-quantum.

If you would like to find out if you have a claim, speak to us now on 0800 376 1001. If you prefer, you can check your claim online with our Online Claim Checker.

How long does a child have to start a claim?

As an injured child's parent or guardian, you can act as a 'litigation friend' and instruct a solicitor to start a compensation claim on behalf of your child.

If you were injured when you were under 18 years old, you have until your 21st birthday to make claim.

Read more:

Child injury compensation claims

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

Read more:

A complete list of recoverable losses in an injury claim

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now.

Road accident claims in Scottish Borders

Accidents on Scottish Borders's roads are reasonably common. Official gov.uk data for 2021 shows there were 140 road accidents in Scottish Borders. There were 76 slight accidents, 56 accidents and 8 fatal accidents in 2021.

All road users in Scottish Borders and across the UK, owe a legal duty of care to each other, including drivers, cyclists and pedestrians. If someone else was to blame for your injury, you may be able to claim compensation.

Regardless of whether you were injured as a pedestrian, or were hurt in a car accident, our expert guide explains what you need to do to start a road accident claim.

Read more:

Claim road accident compensation

Work accident claims in Scottish Borders

In Scottish Borders, there were 308 non-fatal work accidents and 4.04 fatalities in 2021 (per 100,000 workers).

If you have been injured because of your employer's negligence, you may be legally entitled to make a claim.

Whether your accident happened while working as a delivery driver or a factory worker, our work injury claim guide shows you how best to make a successful work accident claim.

Read more:

Work accident compensation claims

Clinical negligence claims in Scottish Borders

Clinical negligence is the term for when a person is injured or becomes ill as the result of a doctor or other medical professional's lack of care. Quittance's expert panel of injury lawyers can help you claim compensation from one of the private clinics and NHS trusts covering Scottish Borders.

Read more:

Clinical negligence compensation

Public place accidents claims in Scottish Borders

An individual or company that owns or occupies a property has a legal duty of care to the people who visit it.

Whether you were hurt on a slippery floor at a supermarket or in a gymnasium, and another party was to blame, you may be entitled to claim.

If you or a family member has been injured in a public place, we can help.

Read more:

Claim public place accident compensation

Compensation claims for serious injuries

Serious or 'catastrophic' injuries are those that can have a long-term impact on your life. Serious injuries typically include spinal and skull fractures, complex fractures and serious head trauma.

Personal injury solicitors understand the importance of focussing on treatment and recovery. Your solicitor will take care of the legal process and will coordinate with medical professionals and insurance companies at every stage of the claim.

Read more:

Catastrophic injury compensation claims

Do I need to visit a solicitor's office?

Personal injury claims are conducted remotely. This means you won't have to travel to your solicitor's office when making a claim.

You can talk to a legally-trained advisor about your accident or injury, before you choose to start a claim.

When you decide to go ahead, the next step is to discuss your case with an expert solicitor. Your solicitor will handle every stage of your claim and will be there to answer any questions you have.

No win, no fee injury compensation claims

With no win, no fee, you can claim injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.

Find out more about how no win, no fee claims work

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims in Scottish Borders and cross the UK.

  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back

FAQs

Has Quittance helped many claimants in Scottish Borders?

Whether you live in Scottish Borders, Scotland, or elsewhere in the UK, we can help you make a no win, no fee compensation claim.

Whether your injury occurred due to clinical negligence or in a car accident we will ensure your case is handled by an expert, specialist solicitor.

Do you work on a 100% No Win, No Fee basis?

Our no win, no fee service means that 100% of your legal fees are covered if your case is not successful. You will not need to pay anything upfront to start a claim.

Scottish Borders solicitor reviews

All injury lawyers must meet strict professional standards, but service levels vary considerably.

Online reviews and word of mouth will make it easier choose the best injury lawyer for your needs.

Read more:

Personal injury lawyer reviews

Can I claim for someone else?

Yes. It is possible to claim compensation on behalf of another person, in the capacity of a 'litigation friend'.

If, for example, an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process for them.

The litigation friend will be responsible for communicating with the personal injury solicitors, and for making decisions in respect of the claim.

Read more:

Read more about claiming on behalf of another person.

Can I claim if I was partly to blame?

Even if you feel you were partly responsible for your accident, you may still be able to claim compensation.

You may also still be able to claim if something you did (or failed to do) meant your injuries were more serious than they might have otherwise been (e.g. you were knocked off your bike, but you weren't wearing a helmet).

If you were partly to blame, this is known as contributory negligence. Successful claims are often made on the basis of contributory negligence, although compensation may be reduced.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The time needed to resolve a compensation claim and pay out compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can sometimes take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

This table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA)  Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 2%) of personal injury claims go to court - typically only very complex cases, or those where liability cannot be resolved.

Read more:

Will my injury claim go to court and what if it does?

Can I get an early (interim) compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid out to you before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more:

Can I get interim compensation payments?

Jenny Jones, Senior litigator

Author:
Jenny Jones, Senior litigator