What Is The Personal Injury Claims Process In Scotland

This is a guide on the personal injury claims process in Scotland. Have you been involved in an accident in Scotland? Was this caused by negligence? Were you injured as a result? If so, you may be eligible to make a claim for compensation. 

personal injury claims process in Scotland

Personal injury claims process in Scotland guide

There are certain circumstances in which you are owed a duty of care. This means that someone else has a responsibility toward you to protect your safety. If this duty of care is breached and you’re injured as a result, you could be entitled to claim.

Our advisors are reading and waiting to help 24 hours a day, seven days a week. They can offer you free legal advice with no obligation, and may even be able to connect you to a solicitor from our panel provided you have a valid claim. Why not get in touch? You can do so by:

  • Using our live chat feature, located at the bottom-right of this page
  • Calling us on 0800 408 7825
  • Contacting us directly through the website

Or carry on reading for more information on personal injury claims in Scotland.

Select A Section

  1. What Is The Personal Injury Claims Process In Scotland?
  2. What Are The Pre-Action Protocols In The Personal Injury Claims Process In Scotland?
  3. How Long Do You Have To Start The Personal Injury Claims Process In Scotland?
  4. What Evidence Should I Collect To Help My Claim?
  5. Your Medical Examination And Report
  6. How Much Compensation Could I Be Awarded For An Injury In Scotland?
  7. Find Out If You Can Make A No Win No Fee Claim In Scotland
  8. Related Personal Injury Claims Guides

What Is The Personal Injury Claims Process In Scotland?

When you make a compensation claim, it means that you’re seeking compensation for the harm you were caused as a result of negligence. Negligence describes a breach of duty of care.

You’re owed a duty of care in a range of different situations. For example, on the road, all other road users owe one another a duty of care. They should act in a way that avoids themselves or others from coming to harm in road accidents.  Furthermore, you’re owed a duty of care in the workplace and in public places.

Accident kinds could include:

In this guide, we will look at some of the essential information that you need in order to make a claim. To begin with, this guide will address the pre-action protocols that apply to personal injury claims.

Furthermore, we’ll address some of the time limits that apply to starting these kinds of claims. You might also be wondering what evidence you can use in support of your claim; if so, you might find our section on proving your personal injury claim useful.

For more free legal advice about the personal injury claims process in Scotland, get in touch with an advisor at a time that suits you.

What Are The Pre-Action Protocols In The Personal Injury Claims Process In Scotland?

In Scotland, there are two kinds of pre-action protocol. There are voluntary and compulsory pre-action protocols; this section will focus on the compulsory protocols.

These apply to all claims where the incident that forms the basis of the claim occurred on or after 28th November 2016 that are valued up to £25,000. The Sherrif Court (where civil cases in Scotland are heard) have the power to enforce compliance with these protocols.

Stages of Protocols

The stages of these protocols are:

  • Issuing a Claim Form. The claim form should be sent as soon as there’s sufficient information to do so. It should include a summary of the facts, including the negligence that is said to have occurred and the injuries and financial loss sustained.
  • Response to Claim Form. The defender must acknowledge this within 21 days of receiving it.
  • Investigation of claim and issuing of response. The defender needs to investigate the merits of the claim and needs to reply within three months saying whether they admit or deny liability.
  • Disclosure of documents and reports following an admission of liability. If the defender admits liability, then this stage of the pre-action protocols will involve the exchange of documents such as medical records on which the claim relies.
  • Statement of Valuation of Claim. The claimant must send this along with supporting documents showing all of the costs and losses that they are attempting to be reimbursed for.
  • Offer of settlement. If the claimant’s injuries are minor, a settlement offer can be made in the absence of medical evidence. Otherwise, satisfactory medical evidence of injury needs to be provided.
  • Claimant’s response to the offer. The claimant needs to accept the offer or provide a reasoned response within 14 days of receiving it. They can reject the offer outright, or reject it and provide a counter offer.
  • Stocktaking. At this point, both parties are able to consider their respective positions and pursue further negotiations if necessary.
  • Payment. A payment must be paid within 5 weeks of the claim being settled.

For more information on the pre-action protocols that apply to the personal injury claims process in Scotland, speak with an advisor today.

How Long Do You Have To Start The Personal Injury Claims Process In Scotland?

In Scotland, the time limit that applies to personal injury claims is defined by the Prescription and Limitation (Scotland) Act 1973. You have three years in which to make a claim for compensation. This starts from the date that you became aware that you had suffered an injury. 

Children in Scotland can make a claim as long as the child “has a general understanding of what it means to do so”; this is generally assumed in children over the age of 12.

However, the time limit for starting a claim does not begin until the child turns 16. Furthermore, there is no time limit that applies to those who lack the mental capacity to claim.

For more information on what time limit could apply to your compensation claim, speak with an advisor today.

What Evidence Should I Collect To Help My Claim?

In order to prove your claim, a good level of evidence is necessary. You can use evidence to show that negligence occurred as well as the injuries that you sustained.

Some forms of evidence you could provide might include:

  • CCTV footage. This could show, for example, you falling on a loose paving stone or being injured by an overturning workplace vehicle.
  • Medical evidence. If you’re injured in an accident, you should seek medical evidence. The reports from this can be used to support your claim.
  • Witness statements. If someone else saw the incident occur, then you might be able to ask them for their contact details. This is so that they can give a statement at a later date.

If you are confused about the types of evidence that can be used to support personal injury claims in Scotland, we can help. Our advisors are available 24/7 to offer free legal advice about the personal injury claims process in Scotland. 

Your Medical Examination And Report

As well as the medical evidence you could provide following seeking medical attention after you’ve been injured, you might also be asked to attend a medical assessment as part of your claim.

This assessment will be with a medical expert who works independently of your case. They will assess your injuries and speak with you about how you’ve been affected.

After this, they will compile a report based on their findings. This report will be referred to when your claim is being valued; we will look at the valuation of your claim in more detail in the next section.

To find out more about the role medical assessments play in personal injury claims in Scotland, call us today. 

How Much Compensation Could I Be Awarded For An Injury In Scotland?

When you make a claim for compensation following an injury caused by someone’s negligence, you could be entitled to two heads of claim. These are general and special damages. 

General damages are the part of your claim that compensates you for the pain and suffering your injuries have caused you. This is worked out based on the medical report we mentioned above and is valued with the help of the Judicial College Guidelines. This is a publication that provides guideline compensation brackets based on past cases.

We have used these guidelines to create the table below:

InjuryNature of incidentPossible compensation
ParaplegiaCompensation dependent on factors such as the level of pain and life expectancy. £205,580 to £266,740
Brain Damage- (d) Less SevereA good recovery will have been made and the injured person will return to work and have a normal social life. However, not all normal functions will have been restored. £14,380 to £40,410
Injuries Affecting Sight- (b) Total BlindnessComplete loss of visionIn the region of £252,180
Deafness or Tinnitus- (c) Total Loss of Hearing in One EarAt the higher end of the bracket will be cases including tinnitus, dizziness or headaches.£29,380 to £42,730
Impairment of Taste and Smell- (c) Loss of SmellThese symptoms could be caused by a brain injury or infection. £23,460 to £30,870
Kidney (a)Where there has been permanent and serious damage to kidneys or loss of both.£158,970 to £197,480
Back Injuries- (a) SevereWhere there has been damage to nerve roots leading to a severe level of pain.£85,470 to £151,070
Injuries to the Pelvis and Hips- (b) Moderate (I)Here, there will have been a significant injury to the hip or pelvis, but there is no major long-lasting disability.£24,950 to £36,770
Injuries to the Elbow- (b) Less Severe InjuriesWhere the function of the elbow will be impaired, but will not need any major surgery.£14,690 to £30,050
Leg Injuries (iv)- ModerateCan involve multiple fractures as well as severe crush injuries. The amount of compensation will depend on changes of a degenerative nature, wasting of muscle, and any scarring considered unsightly.£26,050 to £36,790

You could also be awarded special damages. These aim to compensate you for monetary losses, which could include lost wages or medical costs for treatment you couldn’t get for free through the NHS. 

Please remember to hold on to any payslips or receipts to prove the costs you have incurred; without evidence, you might not receive the full amount you’re entitled to.

Our advisors can offer you free legal advice about the personal injury claims process in Scotland. Get in touch for more information. 

Find Out If You Can Make A No Win No Fee Claim In Scotland

Solicitors in Scotland may offer Conditional Fee Agreements (CFAs), also known as No Win No Fee agreements. This is an agreement by which you can fund the work of a lawyer. 

If you work under this kind of agreement, your solicitor won’t ask you for any upfront or ongoing fees. If your claim is unsuccessful, then you won’t be asked to pay your lawyer anything at all.

In the event that you win your claim, you will pay a success fee to your solicitor. This is a small percentage fee taken off the top of your settlement, which is subject to a legal limit to prevent you from being overcharged. 

To find out more, why not speak to an advisor from our team today? They can provide you with free legal advice with no obligation, and they are available at any time. Get in touch by:

  • Using our live chat feature, located at the bottom-right of this page
  • Calling us on 0800 408 7825
  • Contacting us directly through the website

Related Personal Injury Claims

Herniated Disc Compensation UK – Personal Injury Guide

Cut Finger At Work Personal Injury Guide

Fractured Knee Compensation Case Study Guide

Request CCTV footage of yourself — A UK Government resource explaining how you can gain CCTV footage for use as evidence. 

Mental health services — NHS portal showing you where to find mental health services in your area.

Back pain — An NHS overview of back pain. 

For more information about the personal injury claims process in Scotland, get in touch today.

Article by EC

Publisher ET