Claims for Injury in Scotland
If your life, or the life of a loved one, has been affected by a personal injury we can help.
The purpose of this guide is to help anyone who has suffered a personal injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
scotland injury compensation:
In most cases, a person who has sustained injury as the result of an accident can only bring a personal injury claim for compensation in the country in which the accident occurred. The claim will then be dealt with according to that country's laws and procedures.
This principle holds true for accidents which occurred in a particular part of the United Kingdom. So, for example, someone injured in an accident in Scotland usually has to claim compensation according to Scots Law. Decisions of Courts in England and Wales may, however, still be considered in a Scottish Court's ruling.
Do I have a scotland injury claim?
It should be possible to make a scotland injury claim if you sustained an injury:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a scotland injury claim on their own behalf.
What if I want to make a multi-party or group claim?
A multi-party claim (sometimes referred to as a 'group claim' or a 'class action') brought by a group of people who have sustained the same or similar injuries due to the negligence of the same defendant. How you start a multi-party claim will depend on the circumstances and we recommend you speak to a solicitor for more information.
What if I don't know who was to blame?
You should contact a solicitor as soon as possible to discuss your options. Specialist lawyers have years of experience identifying the responsible party in cases where liability is uncertain.
Personal Injury Solicitors in Scotland
Quittance's network of solicitors handle claims across Scotland, including :
Find more information about injury claims in other areas of Scotland.
Scots Law and English Law
The Treaty of Union of 1707 guaranteed the independence of the Scottish legal system. The result of this is that Scots law and procedure differs in a number of ways from English law.
Although some of these differences disappeared with the passage of time, the law-making powers of the Scottish Parliament make it likely that the number of differences will increase as time passes.
An example of this is that Scotland has had a lower legal alcohol limit for driving than the rest of the UK since 2014, and the age of legal capacity (the age at which a person can enter into a legal agreement or contact) is 16, rather than 18 in England and Wales in most cases.
Accident claims in Scotland
In general, the same laws apply to both Scotland and England insofar as accident claims are concerned. However, there are differences between the two legal systems that can affect a person's right to claim compensation.
For example, compensation can be claimed in Scotland, but not in England, for pleural plaques caused by workplace exposure to asbestos.
There can also be differences in the amount of compensation payable. So, for example, the family of a person fatally injured in an accident is likely to receive a higher amount of compensation if the accident occurred in Scotland rather than in England.
There are many procedural differences between the two jurisdictions, both at the pre-action and Court stages of a claim.
For instance, there are statutory pre-action protocols for managing personal injury claims in England. In Scotland, however, the pre-action protocols are voluntary and only apply if both the claimant and defendant agree that they should.
Costs and expenses
The differences between the two legal systems extend to a claimant's entitlement to have his or her costs (known as expenses in Scotland) paid by the defendant.
The amount of costs and compensation which a claimant is entitled to receive also varies between Scotland and England.
Choice of jurisdiction
In some circumstances, a person who is injured in, for example, a workplace accident may be able to choose where to bring his or her claim. This type of situation can arise where, for instance, an accident occurs in one jurisdiction but the claimant's employer's place of business is in another jurisdiction.
Recent changes to injury law in Scotland
Recent legislation and ministerial orders surrounding personal injury claims have been introduced in Scotland.
Prior to the changes in late 2015, all claims were processed through either the Edinburgh-based Court of Session or the 49 Sheriff Courts situated in towns and cities throughout Scotland.
Claims with value below £5,000 (including personal injury) were raised in the Sheriff Court (although there was no upper limit for claims) and claims of a significant level were generally raised in the Court of Session.
However, following a review in 2009 by Scotland's former senior judge, Lord Gill, new rules governing personal injury claims have been created. In addition there is a new court in which those claims may be brought.
The new Sheriff Personal Injury Court (SPIC)
The SPIC opened on 22 September 2015 to deal solely with personal injury claims. Based in Edinburgh it has jurisdiction over the whole of Scotland for damages arising from personal injuries or the death of a person in which:
- The sum sought exceeds £5,000 or;
- The proceedings concern a work accident claim for payment of a sum exceeding £1,000 or;
- It is a workplace-related personal injury claim worth less than £1,000 but is sent to the SPIC from an order of a Sheriff in another Sheriff Court.
Claimants (Pursuers in Scots law) whose claims meet these criteria can either bring their claim to the new SPIC or to their local Sheriff Court.
Claims for less than £5,000 will be dealt with by the local Sheriff Court.
All claims below £100,000 must be brought to a Sheriff Court, at least initially, since the Court of Session will now only hear claims which exceed this amount.
Sheriff Court Rules and Procedure
As well as a new court, there are new rules for personal injuries claims, which affect the Sheriff Courts and the SPIC.
The key elements are as follows:
- Court applications (motions) can be made by email in the SPIC.
- Juries will determine personal injury claims in the SPIC
- The parties will have a period of time to set out their written cases before a compulsory procedural hearing is fixed. This hearing is to allow the Sheriff to determine any further procedure in the case.
- It is expected that the parties will have engaged in a considerable amount of preparation and engagement with one another in advance of the hearing.
- At least 7 days prior to the procedural hearing, parties must lodge written statements setting out proposals for further procedure. If they are seeking trial (proof), as well as the statement of the matters in dispute, they must also set out certain information including details of witnesses, witness statements, expert reports, medical records and evidence, and the estimated duration of the proof.
Once the proof is allowed, the Sheriff will issue a timetable, setting dates for a hearing, valuations, witness lists and productions, a pre-trial meeting (PTM) and a further pre-proof hearing.
PTMs must be attended by parties in person or via video conference.
For less complex cases the standard personal injury procedure is similar to that of the rules of the Court of Session. The key features are:
- An automatic timetable
- Setting a date for a ‘Proof Diet' (trial window) within nine months of defences being filed
- Simplified pleadings
- An exchange of schedules and counter-schedules of damages
- a pre-trial meeting (PTM) either in person or by telephone
The Court of Session
Where claims are above £100,000 these can either be brought to the Court of Session - the Scottish equivalent of the High Court - or the Sheriff Court.
A request for a case where the claim is lower than £100,000 to be remitted to the Court of Session may be made by any party.
If the Sheriff considers the importance or difficulty of proceedings make it appropriate to do so, he may allow the request.
Once the request is lodged with the Court of Session there will be a hearing before a judge who will decide whether the case can be remitted.
The decision of the Sheriff and the Judge can be appealed.
Settling out of court
In Scotland, an offer to settle may be made by way of a ‘Tender' - similar to a Part 36 offer in England and Wales.
However, unlike in England, a Tender cannot be made until proceedings have been raised (issued).
The Pursuer is allowed a ‘reasonable' period of time for acceptance. This differs from England where a claimant has 21 days to respond to a Part 36 offer.
A Tender can be withdrawn at any time prior to acceptance without the leave of the court.
Time limits for claims
As in England and Wales, the time limit for personal injury claims in Scotland is 3 years. This means that court proceedings must be issued within 3 years of the Pursuer first being aware that he has sustained injury or illness.
In order to secure the best possible result for a claimant, his or her solicitor needs not only to be a claims expert but also to be expert in the law and procedures of the country where the claim is being brought. In addition, that solicitor may need the right of appearance in the Courts of that country.
A solicitor who practices in England does not automatically have the right to represent a person in the Scottish Courts, and vice versa.Claims which are made in Scotland ought therefore to be brought and handled by specialist claims solicitors who practice in Scotland.
The amount of money you could claim for your scotland 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 scotland injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a scotland injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a scotland injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a scotland injury will depend entirely on your specific circumstances.
Your scotland injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a scotland injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Scotland injury compensation
Calculating how much compensation you can claim for a scotland 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 scotland injury claim could be worth now:
How long does a personal injury claim take?
How long it can take to win compensation for an injury can vary considerably.
For example, a simple liability accepted injury claim can settle in a month or two. However, if liability is denied it could take considerably longer. On average an injury claim should take 4 to 9 months. Read more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your scotland injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
No win, no fee
Under a no win, no fee agreement (known as a 'Conditional Fee Agreement' or 'CFA') you can make a scotland injury claim without having to worry about upfront legal fees. If your scotland injury claim is unsuccessful you won't have to pay any money to your solicitor.
No win, no fee promise
If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your scotland injury. Read more about making a No win, no fee claim
What do I pay if I win my scotland injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my scotland injury claim?
If your scotland injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Scotland injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If 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 on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a scotland injury claim?
In general, you have a time limit of up to 3 years from the date of the scotland injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your scotland injury claim becomes 'statute barred'.
Can I claim for a scotland injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim scotland injury compensation.
In reality, there are a number of factors that can affect whether a scotland injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early 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 before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.