On this website, we explore how to make personal injury claims in Scotland. If you suffered an injury due to negligence, this website could help you understand the claim process. Please be aware if you have been involved in an accident in Scotland, you do not have to be in Scotland in order to claim; however, your claim will need to be made through the Scottish litigation process.
Personal injury claims in Scotland guide
There are various situations in daily life in which you could be owed a duty of care. These include at work, on the roads and in public places. We investigate scenarios in which a breach of the duty of care could cause injuries. If you can prove that your injuries were caused by a breach in a duty of care, it could be possible to sue for negligence.
If you decide to seek compensation, you may wish to do so with the support of a No Win No Fee solicitor. We examine what these types of funding arrangements mean.
If you would like to discuss your potential personal injury claim with our advisors, please get in touch:
- Call the number at the top of the page.
- Start your claim online.
- Use the live chat at the bottom of the screen.
Choose A Section
- A Guide To Personal Injury Claims In Scotland
- When Are You Eligible To Make A Personal Injury Claim?
- Personal Injury Claims in Scotland – What Evidence Could Help You Claim?
- What Could You Receive From A Scotland Personal Injury Claim?
- Why Use Our Panel Of No Win No Fee Personal Injury Claim Solicitors?
- Learn More About Personal Injury Claims In Scotland
A Guide To Personal Injury Claims In Scotland
Many factors can determine what can be received from personal injury claims. This website focuses on when personal injury claims could be justified and the process that applies to them in Scotland.
Over the next few sections, we look at situations where you are owed a duty of care as well as injuries that could occur should this be breached. We’ll also look at the legislation that is in place to safeguard you while you’re in a number of different situations.
In order to be eligible for compensation, you must have supporting evidence. This must prove that your injuries were caused by a breach of a duty of care owed to you. Your claim must also be started within the time limit.
Should you have any questions about personal injury claims in Scotland while reading this website, please call our advisors.
When Are You Eligible To Make A Personal Injury Claim?
In order to sue for negligence, you must be able to prove that you were owed a duty of care. If a breach in the duty of care occurred and you were injured as a result, you could be eligible to claim personal injury compensation.
Accidents At Work
Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that employers must take steps that are reasonable and practicable to ensure the safety of those that they employ. Should they fail to do so and you are injured as a result, you might be able to make an accident at work claim.
Below, we have included some examples of successful work injury claims:
- A back injury at work claim could be made if poor housekeeping caused a trip, slip and fall accident.
- A finger injury claim could be valid if you were harmed by machinery that malfunctioned because your employer missed a scheduled inspection that would have identified a fault.
- You could be eligible for a foot injury claim if your employer failed to provide appropriate personal protective equipment (PPE). For example, if your role required steel-toe boots to be done safely and these were not provided, you could be injured as a result.
- Poor quality training could result in a shoulder injury. For example, if you are not taught how to lift an object safely then this could result in you tearing a ligament in your shoulder.
Road Traffic Accidents
Road users owe each other a duty of care under the Road Traffic Act 1988. Guidance for the roads is set out in the Highway Code. Some of the rules and regulations found in the Highway Code can be found in legislation; these can be identified in the Code with the use of the word “must” in the wording of the rule.
The duty of care while using the roads is that road users must act in a manner that reduces the risk of causing harm to themselves and others. This is owed by all road users to all other road users; however, the responsibility to take care is greater in those road users with more of a potential to cause harm.
You could suffer injuries from a road traffic accident as a pedestrian, vehicle occupant or driver, cyclist or motorcyclist. For example, if a driver speeds through a red light and crashes into another vehicle, the occupants of that other vehicle could have valid road traffic accident claims.
Accidents In A Public Place
Under the Occupiers’ Liability (Scotland) Act 1960 occupiers of public spaces owe anyone entering that space a duty of care. This means that the occupier of the space needs to take reasonable care to ensure that visitors don’t sustain injury.
Personal injury compensation claims could result from:
- A poorly maintained escalator that causes a fall injury.
- Objects falling from a height resulting in a head injury when they fall onto a member of the public.
- Lacerations from broken glass could form the basis of valid personal injury claims. For example, if a window breaks and the person responsible for it does not clear it in a timely manner, then a member of the public could sustain a cut injury.
To learn more about personal injury claims in Scotland and for a free assessment of your claim’s eligibility, please contact our advisors.
Personal Injury Claims In Scotland – What Evidence Could Help You Claim?
As part of the personal injury claims process, supporting evidence is required. Depending on the accident that caused your injuries and the location, you will have different types of evidence. For example, an accident book report might be submitted for an accident at work, but not for a road traffic accident.
Evidence in personal injury claims could include:
- Medical records.
- CCTV, dashcam or mobile phone footage.
- Photographs; these could be of any visible injuries or the accident site.
- Witness contact details.
At this stage, you may wish to seek legal advice; this could be obtained from No Win No Fee solicitors. They can advise you on what evidence could be submitted in your personal injury claim.
Is There A Time Limit For A Personal Injury Claim?
The Prescription and Limitation (Scotland) Act 1984 sets the time limit for starting personal injury claims in Scotland at three years. This is from the date of the accident or from the date that injuries were connected to negligence to start a claim.
However, in some cases, exceptions to the time limit can apply. Free legal advice about personal injury claims is available by calling our advisors.
What Could You Receive From A Scotland Personal Injury Claim?
The first head of a personal injury claim is called general damages. This aims to compensate for your pain and suffering. Without an injury, you won’t be able to claim compensation.
The table below contains examples of general damages compensation brackets from the Judicial College Guidelines (JCG) by Judiciary UK. These are used by legal professionals to help assign values to personal injury claims.
| Injury | Notes | JCG Compensation bracket |
|---|---|---|
| Leg amputations (ii) | Both legs need amputation below the knee. | £201,490 to £270,100 |
| Chest injuries (b) | Permanent damage, functioning impairments, disability and life expectancy reduction from traumatic chest, lung and/or heart injuries. | £65,740 to £100,670 |
| Less severe head injury | Overall, a good recovery. However, there could be persisting problems such as with concentration, memory or mood in addition to a small epilepsy risk. | £15,320 to £43,060 |
| Moderate back injuries (ii) | Could include backache caused by ligament and muscle disturbance and soft tissue injuries causing acceleration or exacerbation of a pre-existing condition. Compensation depends on pain, treatment and ability to function in daily life as well as prognosis. | £12,510 to £27,760 |
| Arm injuries | Forearm fractures of a simple nature. | £6,610 to £19,200 |
| Moderate psychological injury | By the time of trial symptoms related to difficulty coping with life have improved. The prognosis is good. | £5,860 to £19,070 |
| Less significant facial scarring | Could be one scar or many small scars that mar the appearance along with a psychological reaction that is not any more extreme than that which would be experienced by an ordinarily sensitive person. | £3,950 to £13,740 |
| Shoulder injuries | Clavicle fracture. | £5,150 to £12,240 |
| Less serious leg injuries (iii) | Soft tissue injuries and simple tibia or fibula fractures. | Up to £11,840 |
| Minor eye injuries | Pain and temporary vision interference from injuries to the eyes, such as being struck or fume/smoke exposure. | £3,950 to £8,730 |
Special Damages Compensation In A Personal Injury Claim
Claims could also include a second head. This is called special damages. It allows for reimbursement of costs incurred as a result of your injuries. You may be required to prove your costs with receipts, invoices or payslips.
Examples of special damages could include:
- Medical expenses, such as prescription or therapy costs.
- Vehicle and/or home adaptations.
- Loss of earnings.
- Property repairs and replacements for any personal property damaged in the accident that caused you to be injured.
Call our advisors to learn more about how personal injury claims in Scotland are valued.
Why Use Our Panel Of No Win No Fee Personal Injury Claim Solicitors?
Personal injury claims In Scotland could be supported by No Win No Fee solicitors. You may have questions about what No Win No Fee means.
When you hire the services of a solicitor with a No Win No Fee arrangement in place, your solicitor usually will not charge upfront for their services. If a claim is successful, what is known as a success fee will be taken out of the compensation award. The success fee is legally capped. Should a claim fail, the claimant typically won’t have to pay for their solicitor’s services.
Contact Us 24/7 For Free To See If You Can Claim For A Personal Injury
If you have any further questions about claiming, you can contact our advisors. An advisor could provide information on the validity of your claim.
To speak to an advisor:
- Call the number at the top of the page.
- Start your claim online.
- Use the live chat at the bottom of the screen.
Learn More About Personal Injury Claims In Scotland
Additional guides:
- Where Can I Find Injury At Work Solicitors?
- How Much Can You Claim For An Injury At Work?
- How To Find Workplace Injury Solicitors?
External links you may find useful:
If you have any more questions about personal injury claims in Scotland, speak with an advisor today.
Writer Danielle Banquo
Publisher Fern Sheen