By Danielle Griffin. Last Updated 31st July 2023. Have you been in an accident in Scotland that was not your fault? Are you looking into making Scottish personal injury claims but are not sure whether they would be handled in the same way as in England? Do you wish to know how you could make personal injury claim in Scotland without having to pay upfront for lawyer’s fees? If so, this guide could offer some useful advice.
In it, we offer information about making a personal injury compensation claim in Scotland. We provide advice on the personal injury claims time limit that could be applicable to your case, as well as going through common accidents that could lead to Scottish personal injury claims, such as a slip, trip or fall accident, a road traffic accident, an accident at work, medical negligence and more. We also introduce our services and talk about how we could help you with such injury claims.
If you have a query about anything contained within this page, please do call us on 0800 073 8801, but otherwise, why not read on to learn more about making a claim in Scotland and how a personal injury solicitor could help you.
Select A Section
- How Do Scottish Personal Injury Claims Differ From England And Wales?
- Types Of Scottish Personal Injury Claims
- What Is The Time Limit To Make A Personal Injury Claim In Scotland?
- Scottish Personal Injury Claim Compensation Payouts
- Special Damages For Personal Injury Claims In Scotland
- No Win No Fee Scottish Personal Injury Claims
- Essential References
How Do Scottish Personal Injury Claims Differ From England And Wales?
A personal injury claim file in Scotland differs to that made in the rest of the UK in several ways. This involves distinct difference in the way that Scottish and English claims are handled. If you were injured in an accident in Scotland, should contact a personal injury solicitor who boasts sufficient experience in dealing victims of accidents in Scotland. The main differences are as follows:
- A Scottish solicitor could charge more money – when looking for a personal injury lawyer in Scotland, it is essential that you pay close attention to the Terms and Conditions of a Conditional Fee Agreement to determine the percentage a Scottish solicitor charges which could be more than charged in England. As such, you must confirm what percentage is written into the CFA you sign. When choosing a solicitor at Accident Claims, the fee/percentage is extremely fair
- Different conditions apply – courts in England and Scotland base the level of personal injury compensation on different criteria. As such, in a successful English claim you could be awarded a specific amount whereas in a successful Scottish claim, the amount of personal injury compensation, you could be awarded a different amount altogether. With this in mind, it is better to seek legal advice prior to filing a claim so a solicitor who is familiar with Scottish law can handle your case effectively
- There would be less chance of a Scottish personal injury claim going before a judge in court – a high percentage of personal injury claims in Scotland are settled by negotiation with out of court settlements being the norm. However, should your claim go to court, the case would be heard by a Sheriff, although in rare instances, a personal injury claim could be heard in the Court of Session
At Accident Claims, our team of personal injury solicitor have the necessary legal expertise required to handle your accident in Scotland claim.
Types Of Scottish Personal Injury Claims
As we touched upon before, there could be a wide variety of different accidents and circumstances that could lead to Scottish personal injury claims. The factor that determines whether you could make a claim is proving who caused the accident that led to you being injured. If third-party liability can be established, you could consider making a claim for any of the following:
- Accidents at work
- Accidents in public places
- Accidents on the train
- Accidents at the airport
- Slips, trips and falls
- Food poisoning
- Allergic reactions
- Fatal accidents
- Road accidents
- And more…
Whilst below we cover a few types of claims in more detail, there are other types of accidents that could lead to you being able to make a Scottish personal injury claim. If you are unsure as to whether someone could be liable for an accident that led to you being injured, then we could check this out for you.
What Is The Time Limit To Make A Personal Injury Claim In Scotland?
When it comes to making Scottish personal injury claims, you may be wondering whether the time limit for claiming would be the same as in England. In fact, the standard personal injury claims time limit for personal injury claims in Scotland is usually 3 years. This 3-year limit usually starts on the day of an accident that caused you to suffer injuries, but in some cases, especially where the injuries are not linked to your workplace until later, or a medical condition is not discovered until later, you might have three years from the date of discovery instead.
There are also some exceptions that could apply to the time limit for Scottish personal injury claims. These could include instances where you were injured as a child and no one made a claim on your behalf, and you have now turned 18. Or, you may not have had the physical or mental capacity to claim at the time. If you would like clarification on how long you could have to claim personal injury compensation in Scotland for your specific case, please do get in touch with us.
Scottish Personal Injury Claim Compensation Payouts
If your personal injury claim is successful, your settlement could consist of two heads of claim. These are called general and special damages.
General damages compensate for physical pain and mental suffering caused by your injuries. For help when valuing personal injury claims, legal professionals may refer to the Judicial College Guidelines (JCG) from Judiciary UK. This text supplies a list of guideline compensation brackets for different types of injuries.
In our table below, we’ve included a few examples of injuries and potential compensation from the 16th edition of the JCG. It is only to be used as a guideline.
| Injury | Notes | Bracket |
|---|---|---|
| Severe Arm Injuries | A serious brachial plexus injury could be included within this bracket, and the injured person could be left only a little better off than if the arm were to be completely lost. | £96,160 to £130,930 |
| Arm injuries that lead to permanent disability (substantial) | Where there are serious fractures to either one of the forearms, or both, and there is cosmetic or finctional disability that is deemed to be substatial. | £39,170 to £59,860 |
| Knee injuries – Severe (ii) | Fractures to the leg that extend into the joint of the knee which cause permanent or constant pain that limits the claimant’s movements/agility. The claimant in such cases could be rendered prone to developing osteoarthritis and they may require an arthoplasty | £52,120 to £69,730 |
| One ear (Hearing Loss) | Higher end of the bracket would relate to cases where tinnitus, dizzines and headaches occur | £31,310 to £45,540 |
| Leg injuries | Multiple fractures/severe crush injuries to one limb. There would also be an assessment on the ability of the claimant to work, how much joint movement was retained, how much scarring there was an how vulnerable the claimant was to future harm. | £27,760 to £39,200 |
| Hand injuries (less serious) | Where there is a crush injury that is deemed to be severe and this results in impaired functionality without surgery, or despite surgery being done. | £14,450 to £29,000 |
| Harm resulting from injuries that were non-traumatic (E.g. food poisoning) | Harm resulting fromShort lived but serious bouts of food poisoning, with vomiting/diarrhoea easing between 2-4 weeks. However, some impact would be made to the bowel function, enjoyment of food and sex life for a few years. injuries that were non-traumatic (E.g. food poisoning) | £16,790 to £27,760 |
| Serious Shoulder Injuries | Where there is damage to the lower portion of the brachial plexus and shoulder dislocation. There could be sensory issues with the hands and forearms with some loss of grip. | £12,770 to £19,200 |
It is also important to note that this document generally applies to claims made in England and Wales. A different text may be used in Scottish claims.
To discuss how personal injury compensation in Scotland is awarded, please get in touch with one of the advisors from our team.
Special Damages For Personal Injury Claims In Scotland
Making a claim for personal injury compensation in Scotland could bring you more than just a payout for the pain and suffering you’ve had to go through because of your injuries. It could also help recompense you for bills and losses you’ve faced or could face in the future because of your injuries. These types of damages are classed as special damages and could include compensation for:
- Wage Loss (both actual and projected) – if you had to abstain from work because of your injuries, you may not be able to bring in the same wage as you did when you were able to attend work. This loss and any future calculated loss of earnings could be compensated for
- Care costs – have you had the need for home care services, or have you had to put a child into some form of childcare because you were unable to look after them because of your injuries? If so, these costs may also be claimed for
- Travel costs – have you had to travel to hospital appointments, or did you have to take taxis to work instead of driving because your injuries prevented you from driving? Travel costs could also form part of your compensation
- Medical costs – whether you needed adaptations to your home, or simply had to pay prescription costs or for counselling, if these costs arose directly because of your injuries, they could be included as part of your claim
If you have experienced a cost that you feel was as a direct result of your accident, then why not call us to see if you could include that costs within your compensation claim.
No Win No Fee Scottish Personal Injury Claims
If you are considering making Scottish personal injury claims but don’t wish to pay upfront for legal representation, you might be pleased to hear that with a No Win No Fee solicitor you would not have to pay anything before your personal injury claim is settled. There could be huge benefits to using a personal injury solicitor, one of which is that you can claim compensation without any financial risk.
But, how do No Win No Fee claims work? Essentially, you’d be issued with an agreement document, which is referred to as a Conditional Fee Agreement (CFA). This document is something you sign stating that you agree to pay the lawyer a percentage of your compensation settlement should they get you one. Once your claim was settled, your lawyer is paid their percentage. If the lawyer does not secure compensation for you even though you had a valid claim, you would not be expected to pay them this success fee.
You may have some questions about this process, and our friendly advisers are on hand to help you understand everything you could need to know about making claims of this type. We could even provide you with a No Win No Fee personal injury lawyer to handle your claim if it is appropriate to do so. All you need to do is call us.
There are a number of ways in which we could be contacted about Scottish personal injury claims, so do feel free to use the method that most suits you. You could reach us via telephone on 0800 073 8801, or you could opt to use the Live Chat feature on this page. You could even fill out the contact form or email office@accidentclaims.co.uk. However you wish to get in touch, we’ll work hard to offer you the most appropriate advice and support for your needs.
Essential References
Information On Scottish Courts – Here you can visit the Scottish Courts and Tribunals site which gives you updates on matters regarding the Scottish Courts.
Pre-Action Protocol For Personal Injury Claims In Scotland – Here you could find information regarding this protocol, which might apply to your claim.
Criminal Injury Claims in Scotland – Here you can find some information on criminal injury claims in Scotland. We could also help with these.
Pedestrian Claims – Injury claims information for those that have been injured as a pedestrian.
Fatal Accidents – Have you lost someone in a fatal accident? This guide could offer some assistance.
Claiming For Stress – Stress in the workplace could also lead to claims. See more information here.