By Megan Webster. Last Updated 25th January 2023. 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 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
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Or carry on reading for more information on personal injury claims in Scotland.
Select A Section
- Personal Injury Claim Process – Injury Claims In Scotland
- What Are The Pre-Action Protocols In The Personal Injury Claims Process In Scotland?
- How Long Do You Have To Start The Personal Injury Claims Process In Scotland?
- What Evidence Should I Collect To Help My Claim?
- Your Medical Examination And Report
- How Much Compensation Could I Be Awarded For An Injury In Scotland?
- Personal Injury Compensation In Scotland – Claim With A No Win No Fee Lawyer
- Related Personal Injury Claims Guides
Personal Injury Claim Process – Injury Claims In Scotland
Regardless of whether you are making your personal injury claim in Scotland or England, you need to prove that you suffered your injury due to someone else breaching their duty of care. You are owed a duty of care in various situations, including at work, on the road and in public places.
Within this guide, we will discuss the pre-action protocols for the personal injury claim process in Scotland. Additionally, we will discuss the time limitations for claims made in Scotland and the evidence you could collect to help support your claim.
However, it is important to note that you do not have to use personal injury solicitors in Scotland. It is best to find a lawyer that is the best fit for your case and has experience handling your specific type of claim. Our panel of solicitors have years of experience and could help you with your claim. They could also offer to represent you with a No Win No Fee agreement, which we will discuss in more detail later in this guide.
Contact our advisors today if you have any questions about personal injury claims in Scotland. They could even offer you free legal advice regarding your specific claim.
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:
| Injury | Notes | Amount |
|---|---|---|
| Paraplegia | Compensation dependent on factors such as the level of pain experienced and life expectancy. | £219,070 to £284,260 |
| Back Injuries- Severe (i) | Where there has been damage to nerve roots or spinal cord leading to a severe level of pain. | £91,090 to £160,980 |
| Neck Injuries – Severe (ii) | Serious damage or fractures to the cervical spine discs which result in considerable disabilities. | £65,740 to £130,930 |
| Brain Damage – Less Severe | A good recovery will have been made and the injured person will be able to participate in their working/social life. However, they may still struggle with their memory and concentration. | £15,320 to £43,060 |
| Leg Injuries (b)(iv)- Moderate | Can 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. | £27,760 to £39,200 |
| Injuries to the Pelvis and Hips – Moderate (I) | Here, there will have been a significant injury to the hip or pelvis, but there is no major long-lasting disability. | £26,590 to £39,170 |
| Injuries to the Elbow – Less Severe | Where the function of the elbow will be impaired, but will not need any major surgery. | £15,560 to £32,010 |
| Arm Injuries | Simple fractures in the forearm. | £6,610 to £19,200 |
| Shoulder Injuries – Moderate | A frozen shoulder that causes discomfort with limited movement. The symptoms should persist for around 2 years. | £7,890 to £12,770 |
| Chest Injures | Soft tissue injuries or rib fractures that cause severe pain for a few weeks. | Up to £3,950 |
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.
Personal Injury Compensation In Scotland – Claim With A No Win No Fee Lawyer
In Scotland, claims can also be made on a No Win No Fee basis. All of the solicitors we work with can work with you in this way. Under Scottish law, you could be offered a Speculative Fee Agreement or a Damages Based Agreement.
When making an injury claim, Scotland-based lawyers who work under a No Win No Fee deal only take a legally capped percentage of your settlement if your claim succeeds. If not, you are not required to pay your solicitor.
To find out if you could be eligible to make a claim, get in touch with our advisors today. 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