If you have suffered an injury and believe someone else is to blame, you may be entitled to compensation under Scots law. Personal injury law exists to ensure that you are compensated for physical injury, emotional distress and financial loss.

If you think you may have a claim, then find out whether or not you can claim compensation with our guide.

If you’d like to speak to an expert personal injury solicitor about your claim, call us on 0141 378 0514 or click here to contact us.

Our guide will help you understand what counts as a valid claim, and what next steps you should take.

Am I Eligible to Make a Personal Injury Claim in Scotland?

• Was your injury caused by someone else’s actions or negligence?
• Did it occur within the last 3 years (or do you meet one of the exceptions below)?
• Have you suffered physical injury, emotional distress, or financial loss?

If you answered yes to two or more of the above then you may have grounds to pursue compensation.

Common Types of Personal Injury Claim

• Road traffic accidents – (whether as a passenger, pedestrian, driver or cyclist)
• Accidents at work
• Trips, slips or falls in public places
• Medical or clinical negligence

Personal Injury Timebar Exceptions

The three-year time limit is extended in some limited situations.

If the injured party was under 16 when the injury occurred, then the three-year time period begins on their 16th birthday (normally ending on their 19th).

If the claim relates to historical abuse, the three year claim no longer applies following the Limitation (Childhood Abuse) (Scotland) Act 2017.

If the claim relates to industrial disease or medical negligence, the time-period runs from the ‘date of knowledge’ and not from the date of the negligence. The date of knowledge is the date on which you became aware of the injury or that it is linked to the negligence.

For example, if you worked in the Shipyards in the 1970s and acquired an asbestos-related condition, the three-year timebar runs from the day on which you are diagnosed – not the day on which you were exposed to asbestos.

Your claim will be stronger if:

• You required or sought medical treatment (and have medical records as a result);
• You (or someone else) suffered financial loss

To speak to an expert personal injury solicitor about your claim, click here. We will advise you on your likelihood of success, the potential value of your claim, how long it might take and what next steps to take.

How Personal Injury Law Works in Scotland

In Scotland, personal injury law works on the basis of negligence. In order to establish a claim you must show that someone owed you a ‘duty of care’, they failed to meet that duty (ie they were negligent) and that you were injured as a direct result.

The typical process involves:

• Establishing who is at fault;
• Finding out if they admit liability or are defending their claim;
• Gathering evidence including medical evidence and witness statements;
• Undergoing a medical assessment to determine the extent of your injuries;
• Calculating any financial losses, including medical treatment, out of pocket expenses or lost earnings;
• Negotiating your settlement with the other party’s insurer;
• If an out-of-court settlement isn’t possible, beginning court proceedings.

The majority of claims are resolved without the need to go to court. However, there are cases where going to court is the only way to acquire the compensation you deserve. In this case, our team will represent you, advise and represent you and work to secure the compensation you deserve.

No Win No Fee Claims

We will pursue your claim on a ‘No Win, No Fee’ basis which means:

• You don’t pay legal fees upfront,
• If your claim does not succeed, you don’t pay us a penny,
• If you are successful, we will deduct our pre-agreed success fee from your award – no hidden charges or nasty surprises.

Ready to Start Your Claim?

Our experienced personal injury lawyers have helped hundreds of people claim compensation for road traffic accidents, workplace accidents, industrial diseases and many other types of accident and injury.

To discuss your case with an expert personal injury solicitor, call us on 0141 378 0514 or complete our online enquiry form. We’ll provide clear advice on your prospects, potential compensation, and next steps.