Frequently Asked Questions
Clear answers to the most common questions about personal injury claims in Scotland.
Can I make a personal injury claim in Scotland?
Yes. If you were injured in an accident that was not your fault, you may be entitled to compensation. This applies to road accidents, workplace injuries, slips and falls, medical negligence, and many other situations. You generally have three years from the date of the accident to make a claim.
What does No Win No Fee mean?
No Win No Fee means you don't pay any legal fees unless your claim is successful. If your claim wins, a pre-agreed percentage (typically up to 20%) is deducted from your compensation. If your claim does not succeed, you owe nothing.
How long do I have to make a claim in Scotland?
In Scotland, the general time limit is three years from the date of the accident or from when you became aware of your injury. For children, the three-year period begins from their 16th birthday. It is best to seek advice as soon as possible.
How much compensation could I receive?
Compensation depends on the severity of your injuries and your financial losses. Minor injuries may result in awards of £1,000 to £5,000, while serious or life-changing injuries can lead to awards of £50,000 to £350,000 or more. Every case is assessed individually.
Do I need to go to court?
Most personal injury claims in Scotland are settled without going to court. Your solicitor will negotiate with the other side's insurer on your behalf. Court proceedings are only necessary if a fair settlement cannot be reached.
How long does a claim take?
Simple claims where liability is clear often settle within 6 to 12 months. More complex cases, especially those involving serious injuries or disputed fault, may take longer. Your solicitor will keep you informed throughout the process.
What evidence do I need?
Useful evidence includes photographs of the accident scene, medical records, witness details, police report numbers, dashcam footage, and receipts for expenses. Don't worry if you don't have everything — your solicitor will help you gather what's needed.
Can I claim if the accident was partly my fault?
Yes. In Scotland, you may still be able to claim compensation even if you were partly at fault. This is called contributory negligence. Your compensation may be reduced by a percentage to reflect your share of the responsibility.
Will I need a medical examination?
Yes. An independent medical examination is usually required to document your injuries and support your claim. Your solicitor will arrange this for you at no cost.
Can I change solicitors during my claim?
Yes. You are free to change solicitors at any time if you are not happy with the service you are receiving. Your new solicitor will take over your case and continue from where the previous solicitor left off.
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