Contents
What is a personal injury claim in Scotland?
A personal injury claim in Scotland allows you to seek compensation when you've been injured due to someone else's negligence. Scotland has its own legal system, separate from England and Wales, with distinct rules and procedures.
Key points about Scottish personal injury claims:
- Claims are governed by Scots law under the Prescription and Limitation (Scotland) Act 1973
- Cases may be heard in the Sheriff Court or Court of Session depending on value
- The Compulsory Pre-Action Protocol (CPAP) must be followed before court proceedings
- Whiplash tariffs that apply in England do not apply in Scotland
Types of personal injury claims we handle
Our partner firms handle a wide range of compensation claims across Scotland, with particular expertise in Glasgow and the Central Belt.
Road Traffic Accidents
Including car accidents, motorcycle collisions, cycling injuries, and pedestrian incidents.
Workplace Injuries
Claims for accidents at work in Scotland - from construction site injuries to office accidents and industrial diseases.
Public Liability Claims
Slips, trips and falls in shops, restaurants, public spaces - and pothole and road defect claims against councils.
Passenger Claims
Including taxi and Uber passenger injuries, bus passengers, and train accident claims.
Hit-and-Run / Uninsured Drivers
Claims via the Motor Insurers' Bureau (MIB) when the driver fled or was uninsured.
Can I make a personal injury claim in Scotland?
To make a successful personal injury claim in Scotland, you generally need to demonstrate:
1. Duty of care
The other party owed you a duty of care (e.g., drivers to other road users, employers to employees).
2. Breach of duty
They failed to meet that duty through negligence or breach of statutory duty.
3. Causation
Their breach directly caused your injury.
4. Losses suffered
You suffered quantifiable harm - physical injury, financial losses, or psychological impact.
Even if you were partly at fault (contributory negligence), you may still be able to claim - your compensation would be reduced proportionally.
How the claims process works
Step 1: Free initial assessment
Complete our form and we'll connect you with an FCA-authorised firm within 24 hours for a free case review.
Step 2: Evidence gathering
Your solicitor collects evidence - medical records, witness statements, photographs, expert reports.
Step 3: Pre-Action Protocol
In Scotland, the Compulsory Pre-Action Protocol requires formal notification and exchange of information before court.
Step 4: Negotiation
Most claims settle without court. Your solicitor negotiates with the insurer to achieve fair compensation.
Step 5: Settlement or court
If agreement is reached, you receive your compensation (minus success fee and any outlays). If not, the case proceeds to court.
Time limits for personal injury claims in Scotland
In Scotland, the standard time limit for personal injury claims is 3 years from the date of the accident (or from when you first became aware of the injury).
Important exceptions:
- Children: 3 years from their 16th birthday (so claims can be made up to age 19).
- Industrial diseases: Time runs from date of knowledge (when you knew the condition was work-related).
- Mental incapacity: Time limits may be suspended if you lack capacity.
- Criminal Injuries: Different rules apply - typically 2 years for CICA claims.
Don't delay: Evidence deteriorates, witnesses forget, and CCTV is overwritten. Start your claim as soon as possible.
Personal injury claims Scotland calculator - how much could I receive?
Compensation in Scotland is calculated using the Judicial College Guidelines (same as England, but applied case-by-case without whiplash tariffs). Your award typically includes:
General damages (pain and suffering)
- Minor soft tissue injuries: £1,000 - £4,000
- Moderate whiplash (6-12 months recovery): £4,000 - £8,000
- Fractures: £6,000 - £40,000+ depending on severity
- Serious/permanent injuries: £50,000 - £500,000+
These are indicative ranges only. Your regulated firm will provide case-specific estimates.
Special damages (financial losses)
- Lost earnings (past and future)
- Medical treatment costs
- Travel expenses to appointments
- Care and assistance
- Rehabilitation costs
- Property damage
No win no fee personal injury claims in Scotland
Most personal injury claims in Scotland are funded on a "no win no fee" basis (technically called a speculative fee agreement). This means:
- If you lose: You don't pay the solicitor's success fee
- If you win: A capped success fee is deducted from your compensation
Scottish success fee caps (inclusive of VAT):
- 20% of the first £100,000
- 10% of £100,001 - £500,000
- 2.5% above £500,000
Learn more in our detailed guide to no win no fee in Scotland.