If you were injured on the roads, at work or in a public place In Scotland, our guide lays out all the important information needed to make personal injury claims in Scotland.
We’ll begin by looking at the eligibility criteria that need to be met to have a claim. After this, we explain how a claim could still be made even if you were partly at fault.
We move on to compensation itself and explain how it may be calculated. The final section looks at how No Win No Fee personal injury solicitors can help you bring your case forward and the advantages of claiming under such an arrangement.
Our advisors are contactable 24/7. They offer free guidance and can answer any questions about the claims process and personal injury cases as you read. You can connect by:
- Asking our live discussion forum a question below.
- Ringing us on 0800 408 7825
- Or go through our website to Contact Us for immediate free help.
Browse Our Guide
- Can You Make Personal Injury Claims In Scotland?
- What Is The Difference Between English And Scottish Personal Injury Claims?
- How Do You Make A Personal Injury Claim In Scotland?
- Can You Make A Personal Injury Claim If You Were Partly At Fault?
- Personal Injury Claims Calculator
- Why Use A Personal Injury Solicitor On A No Win No Fee Basis?
- Read More About Making Personal Injury Claims In Scotland
Can You Make Personal Injury Claims In Scotland?
You might have a viable personal injury claim in Scotland if you suffered an injury because someone breached a duty of care they owed you. Duty of care laws apply in many different circumstances. We will look at three of the most common areas of accidents:
Accidents At Work
A duty of care is outlined for all employers under the Health and Safety at Work etc Act 1974 (HASAWA). This legislation requires employers to take reasonable and practicable steps to ensure that employees are protected from harm as much as possible at work.
This could include things like regularly inspecting their premises and reviewing their health and safety procedures. Failure to do this could create an accident. For example, if materials are stacked improperly in a warehouse and they fall on an employee, this could lead to an injury and a claim against the employer.
Road Traffic Accidents
All road users are required to drive and navigate the roads in a manner that does not harm other road users. To fully meet their duty of care, they must adhere to the Road Traffic Act 1988 as well as the rules laid out in the Highway Code.
Failure to meet the duty of care in this area could cause severe and life-altering injury to others. For instance, if a driver collided with a pedestrian because they got distracted and mounted the pavement, this could cause serious injury and would be a breach of the driver’s duty.
Accidents in a Public Place
Those in control of public places and areas open to the public have a responsibility to take steps to reasonably safeguard visitors from the risk of harm whilst using the space as lawfully intended. The Occupiers’ Liability (Scotland) Act 1960 outlines this duty.
An example of a breach of duty of care in this area might be when a spillage was left unattended in a supermarket. If it lacked hazard signs and a customer slipped, shattering their knee, for example, the supermarket could be liable to compensate them.
If you have any questions regarding personal injury claims in Scotland, you can contact one of our advisors for advice.
What Is The Difference Between English And Scottish Personal Injury Claims?
There are some key differences between making personal injury claims in Scotland as opposed to England:
- In England, there is usually a three-year time limit to begin a personal injury claim, which is set out in the Limitation Act 1980. In Scotland, the Prescription and Limitation (Scotland) Act 1973 states that you have three years beginning from the accident date to begin your claim.
- Court proceedings in Scotland must be served directly to a defendant or their solicitors. In England, proceedings can be served to either the defendant, their solicitors or the defendant’s last known address.
- In England, the three-year limitation period starts when the claimant becomes 18 if they were injured as a minor. In Scotland, this period starts at age 16.
To check if your personal injury claim in Scotland might be eligible, contact our advisors. They can answer any questions you have about time limits or any part of the claims process.
How Do You Make A Personal Injury Claim In Scotland?
To prove personal injury claims in Scotland, it is important to have solid evidence that the duty of care was breached and that you endured an injury. Therefore, some good examples of evidence include:
- CCTV images, dashcam or helmet-cam footage showing the accident.
- Copies of medical reports detailing your injuries.
- The contact information for eyewitnesses. If a solicitor handles your case, they can obtain supporting statements later.
- Photos of your injuries which you can take on your phone.
- A diary that details your state of mind, important dates and treatments needed.
It’s also vital to obtain immediate medical treatment for your injuries. There are other steps, such as making sure that your accident is recorded in the accident book if it occurred during your work.
If you want immediate guidance on collecting evidence for personal injury claims in Scotland, we can help. Simply connect with our advisors today.
Personal Injury Claims Calculator
If personal injury claims are successful, the compensation awarded could cover two types or ‘heads’ of loss, known as general and special damages. General damages are the part that compensates claimants for physical pain and psychological injury caused by the accident.
Part of the claims process may entail going for an independent medical assessment. The report generated by this can help those valuing your claim for general damages.
For claims made in Wales and England, the Judicial College Guidelines (JCG) may also be used to help calculate compensation. This is because this document lists guideline compensation amounts for various injuries.
We have included some of these guidelines in the table below. These amounts are intended purely as suggestions, as every claim will vary, and they also don’t apply to claims in Scotland. In addition to this, we have included a top-line figure that does not come from the JCG.
Compensation Guidelines
| INJURY AREA | HOW SEVERE? | COMPENSATION BRACKET |
|---|---|---|
| Multiple Severe Types of Harm with Special Damages | Severe | Up to £1 million plus. |
| Head | Very Severe | £344,150 to £493,000 |
| Arm | Severe | £117,360 to £159,770 |
| Neck | Severe (ii) | £80,240 to £159,770 |
| Psychiatric Harm | Severe | £66,920 to £141,240 |
| Leg | Severe (ii) Very Serious | £66,920 to £109,290 |
| Eye | Total Loss of One Eye | £66,920 to £80,210 |
| Back | Severe (iii) | £47,320 to £85,100 |
| Knee | Severe (iii) | £31,960 to £53,030 |
| Ankle | Moderate | £16,770 to £32,450 |
Additionally, you might also qualify to claim special damages. These reimburse claimants for the monetary harm they suffered because of the injury. Importantly, you will need solid evidence of these losses, such as:
- Any proof of lost wages, such as payslips.
- Medical bills for treatment you needed, such as physiotherapy.
- Invoices for carers.
- Estimates or invoices for vital adaptations needed at home or to your vehicle.
- Tickets and receipts for essential travel.
For more information on how compensation may be awarded for personal injury claims in Scotland, you can contact our advisors.
Is Personal Injury Compensation in Scotland Taxable?
Personal injury compensation is not subject to tax deductions. However, if you invest your compensation after it has been awarded to you, any interest earned from this investment could be subjected to tax.
If you have concerns about your tax liability after receiving a settlement, please speak to our advisors for further help.
Can You Make A Personal Injury Claim If You Were Partly At Fault?
Sometimes, both parties are responsible for the accident, and this is known as ‘comparative negligence’. It can still be possible to receive compensation even if you were partly to blame. The courts will assess the level of your responsibility and award compensation based on this.
Take, for example, if you were 50% responsible for a car accident that left you injured. The courts may allocate 50% of what would have been the total compensation amount to you.
Each of these cases will be assessed individually to ensure the correct amount of compensation is awarded.
To learn more about claiming for a personal injury in Scotland when you were partially to blame, you can contact our advisors.
Why Use A Personal Injury Solicitor On A No Win No Fee Basis?
Personal injury claims in Scotland do not require legal representation. It isn’t a legal necessity to work with personal injury lawyers when claiming compensation, but there are advantages to doing so. For example, a solicitor can help you gather proof and present it in an organised and professional way. They can take care of all the essential court paperwork and ensure you meet deadlines that come up. In addition to this, they will negotiate to try to get you the maximum settlement you are entitled to.
If you have concerns about the costs of appointing legal representation, there is a possible solution, which is to make a No Win No Fee claim. We work closely with a panel of highly skilled personal injury solicitors who offer eligible claimants a type of No Win No Fee agreement.
In Scotland, one of the solicitors on our panel could help you claim on a No Win No Fee basis under a Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. It means there are no initial fees to hire the solicitor or for their services going forward. Furthermore, if the claim is unsuccessful, under an agreement like this, no fees apply for the solicitor’s completed services.
Should the claim win, an amount is deducted from the compensation called a ‘success fee’. This percentage is subject to a legal limit, which means you receive the majority of the compensation award.
Why not discover if a specialist personal injury lawyer from our panel could help you with your case? Simply:
- Ask our live discussion forum a question below.
- Ring us on 0800 408 7825
- Or go through our website to Contact Us for immediate free help.
Read More About Making Personal Injury Claims In Scotland
Additional guides by us:
- Learn how to claim for slips, trips and falls in Scotland.
- Guidance on the personal injury claims process in Scotland.
- Learn more about claiming with No Win No Fee solicitors.
External help:
- Read how to request CCTV footage of yourself from Gov.UK.
- Get advice from Health and Safety Executive (HSE) Scotland.
- Learn when to call 999 from the NHS.
To conclude, thank you for your interest in our guide about making personal injury claims in Scotland. You can contact our advisors with any questions you may have.