Personal Injury Claims in Scotland

What Is a Personal Injury Claim?

A personal injury claim is a legal process that allows you to seek compensation if you have been hurt because of someone else's negligence or wrongdoing. In Scotland, personal injury law is governed by Scottish legislation, which differs from the rest of the UK in some important ways.

Compensation can cover your physical injuries, emotional distress, loss of earnings, medical expenses, and the impact the accident has had on your daily life.

Who Can Make a Personal Injury Claim in Scotland?

You may be able to make a claim if:

• You were injured in an accident that was not your fault
• The accident happened in Scotland or you live in Scotland
• Someone else's negligence caused or contributed to your injury
• The accident happened within the last three years (in most cases)

This includes road accidents, workplace injuries, slips and falls in public places, medical negligence, and many other situations.

Types of Personal Injury Claims in Scotland

The most common types of personal injury claims in Scotland include:

• Road traffic accident claims — including car accidents, motorcycle, cycling, and pedestrian accidents
• Accident at work claims — injuries caused by unsafe working conditions
• Slips, trips and falls — in shops, pavements, restaurants, or other public places
• Medical negligence — harm caused by incorrect treatment or misdiagnosis
• Public liability claims — injuries in places open to the public
• Serious injury claims — life-changing injuries including spinal cord and brain injuries

Time Limits for Claims in Scotland

In Scotland, you generally have three years from the date of the accident to start a personal injury claim. This is set out in the Prescription and Limitation (Scotland) Act 1973. Read our full guide to time limits.

There are some exceptions:

• For children, the three-year period starts from their 16th birthday
• If you were not immediately aware of your injury, the time limit may start from when you became aware
• People who lack mental capacity may have the time limit suspended

What Compensation Could I Receive?

Compensation in a Scottish personal injury claim typically covers two areas:

• General damages — compensation for your pain, suffering, and loss of amenity
• Special damages — financial losses such as lost earnings, medical costs, travel expenses, and care costs

The amount depends on the severity of your injuries and how they have affected your life. Our compensation guide provides more detail on typical award ranges, or use our free compensation calculator for an instant estimate.

How Do I Start a Personal Injury Claim?

Starting a claim is straightforward:

1. Contact us for a free, no-obligation assessment of your case
2. We review the details and tell you honestly whether you have a valid claim
3. If you do, we handle everything on a No Win No Fee basis
4. You receive your compensation — we only get paid if you win

Frequently Asked Questions