This guide investigates how to make personal injury claims in Scotland. If you suffered injuries in Scotland, you do not need to be in Scotland to make a claim. However, claims made for accidents that happened in Scotland need to follow the Scottish litigation process. 

Throughout this guide, we explore different situations in which you could suffer an injury, including on the roads, at work and while in public places. If you are injured as a result of negligence, you might be eligible to claim compensation. We look at the advantages of hiring a solicitor to support your claim. 

If you would like to know more about how compensation is valued, we look at the two heads that could make up your personal injury claim. Additionally, examples of what you could claim are explored. 

If you have any questions about claiming for your accident at work, on the roads or in public, get in touch with our advisors. They can be reached by:

• Phoning the number at the top of the screen
• Using our live chat at the bottom of the page
• Filling out our online form

Choose A Section

1. Personal Injury Claims In Scotland – When Can I Claim?
2. When Are You Able To Seek Compensation With A Personal Injury Claim?
3. What Compensation Amount Could You Receive From A Successful Personal Injury Claim?
4. What Evidence Is Important When Making Personal Injury Claims In Scotland?
5. The Benefits Of Using Our Panel Of No Win No Fee Personal Injury Claim Solicitors
6. Learn More About Personal Injury Claims in Scotland

Personal Injury Claims In Scotland – When Can I Claim?

There are different situations in which we are owed a duty of care, including in the workplace, in public and on the roads. In order for personal injury claims in Scotland to be valid, claimants must be able to prove that they were owed a duty of care and it was a breach of this that caused their injuries. 

If you were injured due to negligence, you could be entitled to make an injury claim. However, you will need evidence that proves it was negligence that caused your injury. Some examples of what could support a personal injury claim are provided later on. 

Call our advisors to find out more about the claims process. 

When Are You Able To Seek Compensation With A Personal Injury Claim?

As stated above, it is only when negligence has caused your injuries that you can make a personal injury claim in Scotland. Below, we take a look at some of the different situations where you are owed a duty of care. 

Accidents In A Public Place

While you are in a public place, the occupier of that place owes you a duty of care under the Occupiers’ Liability (Scotland) Act 1960. This means that the party in control of the space must ensure the reasonable safety of those visiting. 

An accident in a public place could include:

• Slips and falls caused by wet floors without appropriate signage. 
• Falling down stairs due to damaged railings. 
• Struck by an object falling from a shelf. 
• A trip caused by uneven paving. 

Accidents At Work

It is your employer who owes you a duty of care while you are at work under the Health and Safety at Work etc. Act 1974 (HASAWA). Employers must take reasonably practicable steps to ensure the safety of their employees. 

Examples of accidents at work could include:

• Falls from a height due to lack of railings on scaffolding. 
• Lifting and handling injuries, such as back injuries, due to lack of training.
• Poor housekeeping causing slips, trips and falls. 
• Malfunctioning equipment because required checks were not carried out, which can cause a variety of injuries. 

Road Traffic Accidents

The Road Traffic Act 1988 outlines the duty of care on the roads. Road users owe a duty of care to each other. They must act in a manner that prevents harm. For example, by following the rules and regulations set out in the Highway Code. 

Road traffic accidents could include:

• A pedestrian hit by a vehicle that failed to stop at a red light.
• A driver driving too fast, resulting in a car crash.
• A head-on collision happens because one driver fails to adhere to a give-way sign. 

Call our advisors to discuss personal injury claims in Scotland. 

What Compensation Amount Could You Receive From A Successful Personal Injury Claim?

Settlements awarded in personal injury claims in Scotland could be made up of up to two heads: general damages and special damages. 

Firstly, you claim for your pain and suffering under general damages. When legal professionals assign value to personal injury claims, they may use the Judicial College Guidelines (JCG) from Judiciary UK. This is a document that provides guideline compensation brackets for various injuries. In the table below, we provide a few examples for illustrative purposes. 

Injury	Notes	Compensation Bracket
Severe back injuries (i)	Spinal cord and nerve root damage causing disability such as incomplete paralysis along with significant impairments to the bladder, bowel and sexual function.	£91,090 to £160,980
Severe arm injuries (a)	Extremely serious arm injuries that mean the claimant is no better off than if their arm had been amputated.	£96,160 to £130,930
Toe injuries (a)	All toes have been amputated.	£36,520 to £56,080
Severe injuries to hips and pelvis (iii)	Instability and degenerative changes requiring surgery caused by a variety of injuries.	£39,170 to £52,500
Moderate neck injuries (i)	Severe immediate symptoms caused by fractures or dislocations.	£24,990 to £38,490
Significant facial scarring (c)	Plastic surgery can reduce the worst effects and the psychological reaction has diminished or wasn't great at the outset.	£9,110 to £30,090
Moderate ankle injuries (c)	Less serious disabilities caused by fractures or ligamentous tears.	£13,740 to £26,590
Facial bones (b)	Permanent deformity caused by multiple fractures.	£14,900 to £23,950
Moderate hand injuries (h)	At the higher end, permanent disability remains and at the lower, non-intrusive symptoms may be permanent from crush injuries, wounds, soft tissue injuries and deep lacerations.	£5,720 to £13,280
Moderate shoulder injuries (c)	Discomfort and movement restrictions that last for about two years. This bracket may include soft tissue injuries that cause symptoms lasting longer than 2 years.	£7,890 to £12,770

Special Damages Compensation In A Scotland Personal Injury Claim

Settlements for personal injury claims in Scotland might have a second head called special damages. It is under special damages that claimants could be compensated for any financial losses caused by their injuries. If you claim special damages, you might be expected to submit proof of your losses, such as receipts, invoices or payslips. 

Special damages could cover:

• Travel expenses.
• Medical costs. 
• Carer costs.
• Lost wages. 
• Home and vehicle adaptations. 

Call our advisors to find out more about what could be included in personal injury claims in Scotland.

What Evidence Is Important When Making Personal Injury Claims In Scotland?

You should collect evidence in support of your claim. This evidence must show that your injuries were caused by negligence. 

Evidence could include:

• CCTV, mobile phone or dashcam footage of the accident. 
• Photographs of the accident scene or your injuries.
• Medical records. 
• Witness contact details. 

If you are thinking about making a personal injury claim, you may wish to seek the advice of a solicitor. A solicitor can help you understand the personal injury claims process as well as help you gather supporting evidence. For example, a No Win No Fee solicitor could take statements from anyone that witnessed the accident. However, if no one witnessed the accident or there’s no footage of it, your solicitor will know what other evidence could support your claim. 

Personal Injury Claims In Scotland Time Limit

Your claim must be started within the time limit. The Prescription and Limitation (Scotland) Act 1984 sets this at three years. This means that you have three years from the date of the accident that caused your injuries or the date when your injuries were connected to negligence to start your claim. 

However, there are some circumstances that affect this time limit. These include if the claimant is under the age of 16 at the time of the incident. The time limit starts on the day they turn 16. Additionally, if a claimant lacks the mental capacity to start a claim themselves, the time limit will be suspended indefinitely. It starts again in the event that they become mentally capable of claiming. 

Call our advisors for further information about evidence that could support personal injury claims in Scotland.

The Benefits Of Using Our Panel Of No Win No Fee Personal Injury Claim Solicitors

No Win No Fee solicitors could support personal injury claims in Scotland. If you decide to sue for negligence using the services of a No Win No Fee solicitor, they typically won’t charge for their services upfront. Speculative Fee Agreements or Damages Based Agreements are two kinds of No Win No Fee agreements that could be offered. 

When a claim with a No Win No Fee solicitor is successful, a success fee is taken from the award. The law limits the amount that can be taken. Should a claim not succeed, the claimant is not usually asked to pay for their No Win No Fee solicitor’s services. 

Contact Us 24/7 For Free Legal Advice – See If You Can Claim Today

Free legal advice is available from our advisors. They’re available 24 hours a day, 7 days a week to answer questions about personal injury claims in Scotland. Should your claim seem eligible, you could be passed onto our panel of solicitors. To get in touch:

• Call the number at the top of the screen. 
• Use the live chat feature. 
• Fill out our online form.

Learn More About Personal Injury Claims In Scotland

The following links may help you understand more about personal injury claims in Scotland:

• NHS First Aid
• Highway Code First Aid on the Roads
• Health and Safety Executive (HSE) Scotland

Writer Danielle Bump

Publisher Fern Slow