How To Make A Scottish Personal Injury Claim – A Guide On What Steps to Take To Start A Scottish Accident Claim

Personal injury claims Scotland

Personal injury claims Scotland

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

A Guide To Scottish Personal Injury Claims

If you’re considering making a Scottish personal injury claim, you may find things are slightly different to making personal injury claims in the rest of the UK. Whether you would like to know the time limit for personal injury claims in Scotland, or you are looking at how the process in Scotland differs from England, this guide provides some guidance that may be of interest.

The sections below cover the differences you might see when claiming personal injury compensation in Scotland, and how to go about making a claim with a No Win No Fee lawyer. The guides provides an idea of compensation amounts for injuries suffered in an accident in Scotland, as well as criteria that need to be met.

What Is A Scottish Personal Injury Claim

TO UPLOAD

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.

Accident At Work Claims In Scotland

Workplace accidents in Scotland could happen in a number of different ways. You might be injured while lifting a heavy load, or you may have suffered a trip accident over some trailing wires. You could be caught in machinery or suffer chemical burns. Or, your accident could happen in another way entirely.

Your employer is required to ensure your health and safety at work are protected. If they fail to do so, and this failure leads to an accident, then you could be eligible to claim compensation for your injuries. Ways in which your employer may have been negligent in regards to health and safety could include:

  • Not providing training (e.g. in manual handling)
  • Not moving trip hazards in the workplace (or not signposting them if they cannot be removed)
  • Not giving you PPE when you need it
  • And more…

It may also be possible for you to make a claim for work-related health issues that could have been avoided if your employer took steps to lower foreseeable risks of you developing such a condition. Such claims could relate to health issues which include asbestosis, RSI, industrial deafness and more.

Slip, Trip And Fall Claims In Scotland

A slip, trip or fall could happen almost anywhere, but for you to be able to make a claim for such an accident, the slip,trip or fall would have to have happened because someone had a duty of care to keep you safe, and they failed to do so. Examples of slip trip and fall accidents that could lead to Scottish personal injury claims could include:

  • Falling from an unsafe balcony in a hotel
  • Tripping over an improperly secured floor mat in an office building
  • Falling down a manhole that was not covered/did not have a barrier around it
  • Slipping on a spillage in a supermarket that should have been cleaned up

If you feel that your slip, trip or fall accident was someone else’s fault, then why not contact our team of advisers to see if you could make a claim.

Road Traffic Accident Claims In Scotland

Whether you were injured as a motorcyclist, driver, passenger, pedestrian or as any other type of road user, if the accident was caused by someone else, then you may be able to make a compensation claim for your injuries and any costs you’ve encountered as a direct result of the road traffic accident. Road users have a duty to drive by the rules of the road, and if they fail to do so and you are injured as a result of an accident they caused, then you could be eligible for compensation.

Road traffic accidents could be caused by:

  • A driver not paying attention to the road and not seeing road signs or other road users – this could be because they were distracted by their mobile phone or something else
  • A driver driving erratically because they were under the influence of drugs or drink
  • A driver speeding to get somewhere, leaving them not enough time to brake to avoid a hazard
  • A driver failing to stop at a crossing
  • A driver overtaking dangerously
  • And more…

You may be under the assumption that you would not be able to make a personal injury claim for minor injuries, but it could be best to check with us before writing off your chances of compensation. We could help you claim for injuries ranging from minor lacerations and simple broken bones, through to whiplash, and more severe injuries, including life-changing injuries.

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 Calculator

On some websites, you may see a personal injury claims calculator, where you could tap in your details and it would bring up an estimate of how much your claim could be worth.  However, instead of producing personal injury claims provided by a Scottish calculator, we have chosen to display some amounts for injuries that could be suffered in an accident in Scotland.

InjuryNotesBracket
One ear (Hearing Loss)Higher end of the bracket would relate to cases where tinnitus, dizzines and headaches occur£29,380 to £42,730
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)£8,950 to £18,020
Serious Shoulder InjuriesWhere 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.£11,980 to £18,020
Severe Arm InjuriesA 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. £90,250 to £122,860
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.£36,770 to £56,180
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.£13,570 to £27,220
Leg injuriesMultiple 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. £26,050 to £36,790
Knee injuriesFractures 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£48,920 to £65,440

Please note these amounts are taken from the Judicial College Guidelines and are only rough guides. Your claim would not be valued until you’d seen a medical professional who could produce an independent medical report, detailing your condition and prognosis. If your injury doesn’t appear in the chart above, call us and we’ll look up the bracket for your specific injuries.

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.

How Our Team Could Help Victims Of Accidents In Scotland

Would you like to learn more about your options? Or are you in a position to start a claim? Whatever your situation, getting in touch with the team here at Accident Claims could provide you with the help and support you need when it comes to Scottish personal injury claims. When you contact us, we’ll take some details from you about your situation and we’ll use those details to assess whether we feel your claim could warrant further action. If we think it could, then we will certainly offer to provide you with a No Win No Fee lawyer to assist with your claim, should you wish us to.

If you want to take your time to make a decision, you’ll find we won’t put you under pressure to begin a claim. The decision is entirely yours and we would not press you into making a decision at all. You’re under no obligation to use the services we offer, and all advice we give you is without cost to you.

You’ll find that many of our previous clients attest to the sympathetic, helpful and professional service we offer, and we’d love to extend that same service to you. So why not get in touch?

Start Your Scottish Personal Injury Claim

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.