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Personal Injury Claims Scotland

By Mark Ainsdale. Last Updated 10th August 2021. This is our updated guide to personal injury claims in Scotland. We will take you through making personal injury claims Scotland and help you learn more about how a solicitor could help you.

If you have been injured in an accident that was not your fault, you may be able to make a personal injury claim. To qualify for compensation, you must have been injured in an accident caused by someone else, happened within the past three years, and resulted in you suffering financially and physically. You can always claim on behalf of a loved one if they are no longer able to do so or if they were fatally injured due to the accident they were involved in.

We can handle a variety of personal injury claims Scotland. Contact Legal Expert today by phone on 0800 073 8804. Alternatively, click here to send us a message about any personal injury claims in Scotland. We handle various types of claims, and we can provide free legal advice at all times.

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A guide to personal injury claims Scotland

Personal Injury Claims Scotland

Scotland Personal Injury

If you have been injured in an accident that was not your fault, and you have suffered physical and financial pain as a consequence, you deserve to receive a compensation payout for your suffering. If you take a look on the Internet, you will see that there is an abundance of information on the personal injury claim process, how much compensation you will receive, how to go about making a personal injury claim, and much more.

However, you need to be mindful, as many of the personal injury compensation guidelines provided are specific to English personal injury claims. That is why we have put together this personal injury compensation guide, which details everything you need to know about personal injury claims in Scotland. This includes everything from how personal injury claim No Win No Fee service works to Scotland’s average personal injury claim amounts. Read on to find out everything you need to know.

What are the key differences between the personal injury claims process in Scotland and England?

You may be wondering why we have put together an entire guide on the Scottish personal injury claims process. The answer is simple: there are some distinct differences between English and Scottish personal injury claims. This is why choosing a personal injury law firm with experience in putting together compensation cases for Scottish victims is important. We have many, many years of experience with handling personal injury claims in Scotland.

So, what are the main differences between Scottish and English personal injury claims?

Scottish solicitors can take more of your money. When choosing a personal injury solicitor in Scotland, you need to pay careful attention to your Conditional Fee Agreement (CFA) to determine what percentage the solicitor will take. In Scotland, solicitors can take more of your money, which is why you need to know exactly what your contract stipulates. When you choose our service, you can be sure that our fees are exceptionally fair.

Other details

Different conditions are used – When determining how much compensation you will receive, English and Scottish courts use a different set of conditions to determine their outcome. Therefore, you could receive ‘x’ amount in England, but you will get ‘y’ amount in Scotland because different conditions are considered. This again highlights why it is so important to work with a company experienced in Scottish law and knows the personal injury Scotland rules, as they will be able to put together the best case to ensure you get the maximum amount of compensation you deserve.

There is less chance of a personal injury claim going to court– This is something you will be pleased to hear. The vast majority of compensation claims in Scotland are settled outside of the courtroom in Scotland. If your claim does end up in court, you will most likely be heard in the Sheriff Court, although there are some rare instances whereby cases are taken to the Court of Session.

We hope you know the differences between personal injury claims in Scotland and those in England & Wales.

What to do if you are involved in a personal injury in Scotland

If you have been involved in a personal injury accident in Scotland, you should make an effort to gather the necessary evidence. You should head to the section below on the types of evidence that you may need to gather. Aside from this, it is important to stay calm and avoid saying too much. The last thing you want to do is jeopardise your chances of securing compensation because you have let your mouth run away with you in the heat of the moment.

How to begin a personal injury claim

Making a personal injury claim Scotland based is really easy when you use our service. The only thing you need to do is call us, and we will handle everything for you. We will answer your questions, and we will provide a free consultancy session. This involves us asking you several different questions to gain a full understanding of your case. This ensures that we can advise you in the best possible manner. We don’t simply give you a personal injury claim form and leave you to it.

If that were not enough, all law professionals would work on a No Win No Fee basis. This means you do not need a lump sum of money to begin your claim, and you are financially protected should you not get a compensation payout. We can also help you to arrange a local medical if required too.

What can be claimed for after a personal injury?

What damages could be included in personal injury claims in Scotland? When making a personal injury claim, you can claim for several different things, including:

  • General damages – This is the money you will get to compensate you for the pain and suffering you have experienced. It not only relates to physical pain but also personal injury claim stress, depression and mental pain.
  • Loss of earnings
  • Medical expenses
  • Travel costs
  • Care claim – If you have required help around the house, the person who has cared for you will file a care claim.

Is there a personal injury claims time limit?

There is a three-year personal injury claim in Scotland time limit for all personal injuries. This starts from the date of the accident, and it is important to note that court proceedings must be issued within this time frame, so you really should not wait until the last moment to make a claim. Not only this, but you will find it a lot easier to claim the sooner you do so, as the details will be fresh in your mind, and it will be easier to gather witness statements and other pieces of evidence.

There are very few exceptions to the time limit that has been stated. The only exceptions tend to relate to instances whereby it is impossible to pinpoint an accident date. A good example of this is cases of industrial illnesses. Most of the time, an employee falls ill years and years after working in an environment that caused the issue. In this case, you will have three years from the date of your diagnosis instead.

The most common types of personal injuries

When making personal injury claims in Scotland, it is important to recognise that the determining factor is who caused the accident. It does not matter what type of personal injury claim you were involved in. In fact, there are so many different types of personal injuries. Here are some of the most common:

How much compensation will I get after an accident causing a personal injury?

“Personal injury claim, how much will I receive?” This is a question we often get asked. No doubt, you may have come across a personal injury claims Scotland calculator online. It is important to stress that such calculators can only provide you with a rough estimate regarding how much accident compensation Scotland you will receive. It is impossible for any personal injury claim settlement calculator, or any legal professional for that matter, to give you an accurate figure regarding the money you will receive. This is because all personal injury claims in Scotland are different. And there are so many variables that come together to determine the full payout amount.

However, what we can do is give you an estimate regarding the average payout for various injuries. In the table below, you will discover the average price range for several different accidents and injuries:

Reason for compensationTypical compensation amountComments
Dermatitis (a)
£12,900 to £18,020

Both hands are effective, with soreness and cracking, which impacts your domestic and employment capability.
Dermatitis (c)£1,600 to £3,710This relates to dermatitis whereby one or both hands are impacted, with rashes, irritation, and/or itching. However, a full recovery should be made within a few months.
Facial disfigurement – Very severe scarring£27,940 to £91,350This relates to cases where there is a severe psychological reaction and a very disfiguring cosmetic impact.
Facial disfigurement – Significant scarring £8,550 to £28,240This relates to cases whereby plastic surgery has reduced the worst effects, yet there is some cosmetic disability and the psychological reaction is not the greatest.
Facial disfigurement – Trivial scarring£1,600 to £3,310This refers to cases whereby the impact is only minor.
Very serious jaw fracture£28,610 to £42,730This refers to instances whereby there are numerous fractures, which are followed by permanent consequences and prolonged treatment. Consequences may include the risk of arthritis in the joints, paraesthesia, restriction in eating, and severe pain.
Serious jaw fracture£16,860 to £28,610

Serious fractures that have lasting consequences, for example, paraesthesia in the area of the jaw or difficulty eating or opening the mouth.
Simple jaw fracture £6,060 to £8,200Simple fractures whereby there is immobilisation, but a complete recovery is made.
Amputation of both feet£158,970 to £189,110
Amputation of one foot£78,800 to £102,890
Total blindnessIn the region of £252,180
Total loss of one eye£51,460 to £61,690This payout will depend on cosmetic effect and age.

It is important to stress that the personal injury claim payouts mentioned above are averages, so there could be those that receive above the maximum payout. Of course, we have only gone over a few injuries in the table above. If you have any queries regarding compensation payouts for an injury that has not been mentioned, please do not hesitate to get in touch.

What evidence might I need for my personal injury Scotland claim?

It is important to gather as much evidence as possible to give your claim the greatest chance of success. Here are some examples of the evidence you may need to gather:

    • Medical report – It is important to see a medical professional put this report together. There is nothing to worry about. The medical report will state your injuries and the recommended course of treatment. This will be used to determine how much compensation you will receive.
    • Collect information – You should collect as much information as possible that will help to support your claim. This includes the wards and names of the medical staff and doctors that treated you, the exact details of your accident, the name of the place you suffered the injury in, the registration numbers of any vehicles involved – if it was a road traffic accident, and the contact details and names of everyone involved. This includes getting the contact details of any witnesses, as witness statements can really help to strengthen your case.

Other notes

  •  Proof of expenses – You will be able to claim for any out of pocket expenses you have encountered as a direct consequence of your injuries. Nevertheless, you will need proof, so keep a hold of your receipts and any other important documents. The sort of out of pocket expenses you can claim include travel costs, prescription bills, hospital parking tickets, loss of income, counselling expenses, and the cost of childcare.
  • Record the details of your injuries – We all recover from injuries at different speeds and in different ways. This is why it is wise to document your injuries and the recovery process. If your injuries are visible, you should take photographs.

Your solicitor can also help you collect the evidence you need to make a claim. Learn more about the process of making personal injury claims in Scotland by clicking here.

No Win No Fee personal injury claims Scotland

We are extremely proud of the fact that all of our personal injury claim solicitors work on No Win No Fee basis. This takes away the barriers that are traditionally there when it comes to making a claim. A No Win No Fee service means that anyone can get started with the claim process; limited finances don’t need to hold you back.

Why is this the case? Well, it’s quite simple: you will only need to pay legal fees if your case is a success. Therefore, if we are unable to secure compensation for you for some reason, you won’t need to pay us any legal fees. This guarantees you that you will never end up in a position whereby you have a huge legal bill to pay, yet you do not have any compensation to cover it.

There are some great knock-on benefits worth considering as well. Firstly, you can be certain that we only take on cases that we believe have a genuine chance of a compensation payout. We won’t waste your time. Secondly, you can be sure that our No Win No Fee solicitors in Glasgow and the rest of Scotland will be doing all in our power to get you the money you deserve. You won’t be pushed to the back of our list of priorities, which often occurs at other legal firms because they are not interested once they have your money. And finally, there are no upfront Scottish personal injury costs required from you. Talk to an expert in personal injury claims in Scotland by contacting our team.

Why choose us as your Scottish claims service for your personal injury claim?

Nowadays, you have several options to choose from when selecting a personal injury law firm to represent you. However, you will struggle to find a company that provides a better service than us. Whether you want to launch a workplace accident claim or a personal injury claim car accident, we can assist. We have abundant experience in the industry, and we have handled many Scottish personal injury claims before. And we know the Scottish personal injury laws like the back of our hands, so you can have complete peace of mind when you choose us.

We are experts in our field, but we pride ourselves on putting our clients first at all times, which is backed up by our exceptional reputation in the industry. So, we understand that you are going through a difficult time, and the last thing we want to do is add to this. This is why we always aim to handle cases in the most efficient and hassle-free process possible. Plus, our goal is to secure the maximum compensation payout available every time. Learn more about personal injury claims Scotland by contacting us today.

Call for free advice and to start a claim

We hope our updated guide to personal injury claims in Scotland has helped you.

If you need a top-rated personal injury lawyer in Scotland because you are ready to claim compensation after being injured in an accident in Scotland, all you need to do is give our friendly and professional team a call on 0800 073 8804. We will be more than happy to assist you in any manner we can. We have many years of experience in the industry, and we always treat our customers well.

Whether you have a question or want to begin proceedings, you will feel comfortable and reassured when you give us a call. So, we will answer your queries and talk you through the personal injury claim settlement process. Furthermore, you can start your personal injury claim Scotland today by contacting us.

Helpful links

Personal Injury Claims Calculator – This is our updated guide on how much you could claim for an accident in Scotland.

Scottish Courts

This link takes you to the website for the Scottish Courts and Tribunals Service. Find out more about going to court, as well as news relating to sentencing, taking action, and much more.

Scottish Justice Council

This link explains the new compulsory pre-action protocol. It outlines the steps to be followed once proceedings have been raised for a high or low-value personal injury claim.

Citizens Advice website for Scotland Law And Courts

This link takes you to the Citizens Advice website for Scotland, which explains various elements about personal injuries in Scotland. So, this includes making a complaint, the Criminal Injuries Compensation Authority, and much more.

Personal Injury Claims Scotland – FAQs

Will my claim go to court?

When your solicitor starts the claims process, they will usually notify the court that you intend to claim against the defendant. This does not mean that your claim will need to be heard in court. In the vast majority of instances, personal injury claims can be resolved between the parties involved.

I have already been offered a settlement, should I take it?

We do not recommend taking the initial offer made by a defendant before you have seen a solicitor. So, you may not be fully aware of all of your injuries. You may also not know what you could or should be awarded for an injury. We don’t want claimants to be left taking much lower sums than they could have secured through an expert solicitor.

What evidence is necessary for a personal injury claim?

This includes medical reports, insurance forms and any CCTV footage.

Is there a time limit on personal injury claims?

Yes, you must file your claim within 3 years of the injury.

What do personal injury claims cover?

These cover your pain and suffering along with a loss of income and other costs relating to your injuries.

How do you prove injuries?

This is about proving that the defendant breaches a duty of care towards you, thus causing you harm.

Can I make a personal injury claim myself?

You can, but we advise using a personal injury lawyer to increase the odds of winning your claim.

Do the NHS settle out of court?

The NHS generally settles most of its claims out of court.

Thank you for reading our personal injury claims in Scotland guide.

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