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Accident Claims Scotland Guide – How To Claim Compensation For A Accident Claim In Scotland?

By John Bowes. Last Updated 13th April 2021. In this online guide, we are going to take a broad look at why you may need to make accident claims in Scotland, and how to use a lawyer to make a personal injury claim. We will cover a wide range of different ways that you could suffer an injury in Scotland due to an incident that was not your fault, and what to do about it if you are.

If you find that you have questions related to your own claim that our guide does not answer, our team is waiting to help you and will give you the answers that you need. You can call 24/7 on 0800 073 8804 to learn how a personal injury solicitor in Scotland could help you.

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A Guide To Accident Claims In Scotland

accident claims in scotland

Accident claims Scotland how to claim compensation guide

Within the sections below, we aim to provide you with a guide to using personal injury solicitors covering Scotland to help you to make a personal injury claim. Our guide will cover many of the most common kinds of claims a personal injury solicitor can help you with, and how to proceed with such claims. 

We start with a general introductory section on how a person might be eligible to make a compensation claim if injured in an accident that wasn’t their fault. We then provide several sections which cover accident claims in Scotland of different varieties, and these include:

  • Claims for accidents at work in Scotland.
  • Road traffic accidents.
  • Whiplash and related injuries.
  • Cycling accidents.
  • Holiday and travel accidents.
  • Slip, trip and fall accidents.
  • Accidents that occur within retail premises.

The last few sections of this guide are devoted to the legal and financial aspects of the claim. We have included a table that provides example compensation ranges for a number of different injuries. You will find a list of the most common kinds of damages a claimant might receive after the table. 

Lastly, we explain what a No Win No Fee claim is, and why a lawyer working under such a fee arrangement could be the perfect way for you to get the legal assistance you need to make a claim.

If you have any questions about the claims process, the contents of this page, or specific aspects of your own claim, then please contact our claims team. They are available 365 days a year, 24 hours a day. An advisor will evaluate your claim for you and offer you some free legal advice on how to move forward.

What Are Accident Claims In Scotland?

As you read through the sections below, you need to keep in mind that in order to claim for an accident in Scotland, you first need to be eligible. There is a simple acid test you can apply to get an idea of whether you might have a valid claim. Each of these three statements would need to be true:

  1. You were harmed in an accident that was the fault of a third party who owed you a duty of care.
  2. It is possible to prove that the accident was caused by a third party.
  3. The harm you suffered would not have occurred had the accident not taken place.

Of course, this is a very simplified test. The actual judge of whether a claim is valid or not will depend on a combination of factors that a solicitor can inform you of. However, if you think you might have a claim, and your circumstances tick all of these boxes, then you should call our team and speak to an advisor. You have the right to seek compensation if you have been harmed by the actions of a third party, and this is something we could be able to help you with. Learn more about accident claims in Scotland by contacting our team. 

Accident At Work Claims Scotland

The Health & Safety Executive (HSE) operates in Scotland, and is responsible for monitoring and ensuring compliance with regulations that relate to safety at work. Every employer, so far as reasonably possible, must provide each member of staff with a safe place to work. If they fail to meet this obligation and an employee is injured because of it, the employer could be liable. Typical examples of a workplace accident, which might result in accident claims in Scotland,  include:

  • Slips, trips and falls (more on this later in the guide).
  • Falls from a height.
  • Being hit by moving machinery or some other moving item.
  • Manual handling accidents.
  • Accidents involving a company vehicle (car, lorry, low loader, forklift, etc.)

If you are injured in an accident at work in circumstances such as these, and it can be proven your employer has been negligent, we could be able to help you make a compensation claim for the harm you have suffered. Call our claims team to learn more.

Road Traffic Accident Claims Scotland

A Road Traffic Accident (RTA) is one of the most commonly claimed for types of accidents. It isn’t just car accident claims in Scotland we can help with. We can assist any road user that is harmed in an RTA, such as:

  • The driver of a vehicle.
  • The passengers of a vehicle (including motorcycle pillion passengers and those travelling on a bus, coach, taxi or minicab).
  • Pedestrians injured by another road user.
  • Owners of private property that are damaged in an RTA.

If you can prove that the harm you suffered was the fault of another road user, you may have a valid basis for making a compensation claim. To have your claim evaluated, please speak to our claims team today.

Whiplash Accidents Claims Scotland

If an RTA is one of the most common claims, then whiplash is one of the more common injuries that RTA claims are based on. Whiplash can range in severity from a minor annoyance to incapacitating. Furthermore, as an unspecified injury that is an amalgamation of associated injuries and symptoms, it can be very hard to find an effective treatment for whiplash other than rest.

In the past, whiplash has been used as a basis for fraudulent claims. Because of this, all whiplash claims are scrutinised closely. We can arrange for you to have an impartial medical examination, the results of which will prove the severity of your whiplash and help support your claim. For more help and advice on accident claims in Scotland for whiplash or some other kind of neck injury, please talk to one of our claim advisors.

Cycling Accident Claims Scotland

When could cycling accident claims in Scotland be made? A cycling accident is a form of RTA. Alongside pedestrian accidents, cycling accidents often result in the most serious of injuries. This is because the cyclist is almost completely unprotected. 

As the graph below using data from the Department of Transport shows, the number of pedal cyclists in Scotland who are seriously injured in accidents has slightly increased since 2015. The number of slight injuries has decreased steadily, and the number of people killed in accidents on bicycles has remained broadly flat, with few fluctuations.

accident claims in Scotland

accident claims in Scotland

Typical causes of cycling accidents are:

  • Vehicles overtaking too closely.
  • Being run off the road by wind shear.
  • Vehicles pulling out of a side road in front of the cyclist.
  • Being hit by oncoming vehicles when turning right into a side road.

Most cycling accidents take place in an urban environment such as Glasgow. We can assist any cyclist in making a compensation claim if it can be proven that the actions of another road user caused the accident that they were injured in. Reach out to our claims team for more advice about making accident claims in Scotland.

Travel, Holiday And Airport Accident Claims Scotland

Making a claim for a travel accident or holiday accident can actually be quite a complex proposition. The concept of jurisdiction can be complicated. For example, consider an airport accident that takes place due to faulty boarding steps. Who would be to blame? The airport operator that maintains the steps? The airline using the steps for not checking them? And are you even in Scotland anymore once you have passed through passport control? Does Scottish law still apply if you are not considered to be in Scotland any more, and if not, what law does apply?

As you can see, the process of making a holiday or travel accident claim has its own unique set of challenges. Challenges that our lawyers can help you to overcome. Talk to a claim advisor today to get some advice on making a holiday accident claim.

Slip, Trip And Fall Accidents In Scotland

A slip, trip or fall accident is another very common reason for people to make accident claims in Scotland. These simple accidents can happen at any time and anywhere. They can cause injuries ranging in severity from trivial to catastrophic, especially when an elderly person suffers such an accident. 

Examples of hazards that could result in such an accident are:

  • Tripping on a faulty floor covering such as a warped wooden floorboard, a cracked floor tile or a frayed or torn carpet.
  • Slipping on liquid or food that has been spilt on the floor and not cleaned up.
  • Falling over a pothole, broken paving slab or badly laid kerbstone whilst walking in a public street.
  • Slipping on spilt oil on a petrol station forecourt that had not been signposted as a hazard and should have been cleaned up.

There are a great many hazards that can cause such an accident, these are just a handful of examples. Call our claims team and explain how your accident happened to find out if you could have a prospective claim or not.

Shop And Restaurant Accident Claims

When you enter a shopping mall, a supermarket, any retail store, or a restaurant, the operator is legally obliged to comply with all health and safety regulations that apply. If they fail to comply, it could create the risk of an accident occurring. 

Examples of some accidents could include:

  • Being injured in a restaurant by slipping on spilt food or drink.
  • Being the victim of a shop accident where badly stacked shelves result in stock falling on the victim.
  • Injuries caused by a faulty escalator or moving staircase in a shopping mall.
  • Eating food at a fast food outlet that results in food poisoning.

In cases such as these, the operator of the establishment that the accident took place in could be liable. If it can be proven that the business was to blame, then the victim could be able to claim. To check whether you could be eligible to make a retail accident claim, please talk to one of our expert advisors today.

For more information on what can be included in accident claims in Scotland, please continue reading.

Accident Claims Scotland Calculator (Updated April 2021)

General damages are paid to the claimant to compensate them for the pain, harm or suffering. The overall level of damages received will depend on factors such as how long the recovery took, whether there will be any long-term symptoms or impairment, and how much pain, trauma and suffering the victim had to go through. It also takes into account:

  • Loss of life quality due to long-term or permanent disability.
  • Psychological injuries such as new phobias, depression or anxiety.
  • Going through traumatic or invasive treatment, such as a complex surgical procedure.
  • The pain and suffering caused by your symptoms and the initial accident.
  • The trauma and shock caused by the initial event itself.

It is difficult to give average compensation amounts, as every claim is unique. We have provided the table below as an example only. The figures within are based on guidelines from an organisation called the Judicial College. The guidelines are used in England and Wales to value cases. All personal injury claims in Scotland would fall under Scottish law. So please use this table as a guide only. You can look up the range of compensation that specific injuries could receive in compensation.

 

Edit
Injury Severity Notes Compensation
Ankle Very severe This bracket will include, for example, cases of a transmalleolar fracture of the ankle with extensive soft-tissue damage resulting in deformity and the risk that any future injury to the leg might necessitate a below-knee amputation. £46,980 to £65,420
Ankle Severe Injuries in this bracket will require a lengthy treatment period and will result in significant residual disability where the ankle is unstable and the ability to walk is severely limited. £29,380 to £46,980
Ankle Moderate This will include things like fractures and tears to the ligaments which result in less serious disabilities like difficulty walking on uneven ground or standing for extended periods of time. £12,900 to £24,950
Foot Very severe Injuries within this bracket will cause permanent or severe pain, or really serious permanent disability. £78,800 to £102,890
Foot Serious In this bracket, injuries will lead to continuing pain resulting from traumatic arthritis or the risk of future arthritis and a prolonged treatment period. £23,460 to £36,790
Jaw fracture Simple Very serious fractures which result in severe pain, restrictions in eating and the risk of arthritis in the joint. £28,610 to £42,730
Neck Severe This bracket will be appropriate for neck injuries resulting in incomplete paraplegia or permanent spastic quadriparesis. It will also include cases where the injured person has little to no neck movement despite wearing a collar for years. In the region of £139,210
Back Severe This bracket will include cases of disc lesions or fractures of discs or of vertebral bodies or soft tissue injuries leading to chronic conditions. £36,390 to £65,440
Brain injury Very severe In these instances, the injured person will have little to no meaningful response to their environment and will require full-time nursing care. £264,650 to £379,100
Brain injury Moderately severe This bracket will include cases where the injured person is very seriously disabled. This can include physical and cognitive disability. £205,580 to £264,650
Pelvis and hips Severe Injuries in this bracket will result in substantial residual disabilities such as a complicated arthrodesis with resulting lack of bladder and bowel control, sexual dysfunction, or hip deformity making the use of a calliper essential. £73,580 to £122,860
Pelvis and hips Moderate Significant injury to the pelvis and hips that does not pose a risk in the future or result in major disability. £24,950 to £36,770

 

Another alternative is to try and find an online personal injury claims calculator that will help you assess the level of damages you might receive. If, after this, you need a more accurate indication of how much compensation you might receive, you will need a lawyer to evaluate your claim for you. We can organise this for you if you call our team.

If you’re wondering what else can be included in accident claims in Scotland on top of the payment for your injuries, please read on for more information.

Special Damages If Injured In Scotland

How are injury claims Scotland awarded? If you are injured in Scotland in an accident that was not your fault, and you use a personal injury lawyer to make a compensation claim, if the claim is won you might receive a number of different types of damages. 

Special damages are paid to the claimant for financial losses or expenses. If a claimant wishes to try to claw back money that has already been spent, then they will need to submit bills, invoices, and receipts to prove the spending was related to their injuries or the claim process itself.

Examples of special damages could include:

  • Loss of future income due to a permanent disability reducing your capacity to work, or possibly stopping you working altogether.
  • Loss of wages/salary because you had to take time off work. This could be a partial or full loss.
  • The cost of any private treatment and healthcare you needed.
  • To pay for the cost of hiring a nurse to take care of you at home.
  • For out of pocket expenses, for example, travel tickets to visit the hospital or to see your solicitor.

These are very common types of damages, but the kinds of damage you seek to recover will be based on the circumstances of your claim. If you would like to find out which damages could apply in your own case, or for more information on accident claims in Scotland, please call and talk to one of our expert advisors.

No Win No Fee Accident Claims Scotland

If you are injured in an accident in Scotland and believe that you have a valid reason to make a compensation claim, you might like to consider using the expertise of a solicitor that can take your claim on under a No Win No Fee arrangement. 

Such a fee structure is also called a Conditional Fee Agreement (CFA). A CFA is a contract between a lawyer and a claimant for the provision of legal services, for which no fee will be required from the claimant until the claim is won.

You won’t pay any kind of new claims fee, or any fees while the claim is being processed, no matter how long this stage takes. Claimants will also not be expected to pay your solicitor if the outcome is a failure. 

You will be asked to pay a small, legally capped success fee if the outcome is a success, though. Your solicitor can collect this fee directly from the compensation payment they will have received on your behalf. No win no fee agreements can help people make injury claims Scotland

Why Choose Us For An Accident Claim In Scotland?

By calling our claims team today, you can learn vital information about using a personal injury solicitor Scotland. You could learn which personal injury claims time limit will apply based on your own unique circumstances. One of our claim advisors can talk you through our claims process and one of our lawyers can begin working on the claim.

Our team of lawyers has a successful track record spanning three decades, in which time we have helped countless people get the compensation they are eligible to in accident and injury claims. They are experienced in accident claims in Scotland and they could be able to do the same for you.

We Handle Accident Claims Across Scotland

We can help claimants all across Scotland, using our expert team of accident and injury solicitors, and this includes:

Glasgow

Aberdeen

Edinburgh

Start An Accident Claim Scotland Today

Do you need a team of personal injury lawyers covering Scotland to process a claim for you? Or perhaps you need some additional free legal advice? Either way, simply get in touch with our team by either using our contact form or by calling our claims team on 0800 073 8804. Our expert advisors will be ready and waiting to answer your questions and evaluate your claim for you. We hope our guide to accident claims in Scotland has helped you.

Essential References

These external links all have useful info about injury claims in Scotland.

Damages In Scotland Explained

Health And Safety In Scotland

Glasgow Personal Injury Solicitors

Car Accident Claims Scotland Guide

Cycling Accident Claims Scotland Guide

Glasgow International Airport Accident Claims Guide

Scotland Personal Injury Claims

You could also spend some time checking out these other pages on our site. They look at how a personal injury solicitor in Scotland could help you.

Claiming Compensation For A Needlestick Injury

Misdiagnosis Claims Explained

How To Claim For An Accident In A Public Park

Other Personal Injury Claim Guides

Accident claims in Scotland- FAQs

What are the time limits for personal injury claims in Scotland?

Personal injury claims need to be made within the applicable time limit. If you have recently been in an accident you should talk to a law firm in Scotland as early as possible. Many personal injury claims in Scotland are filed for negligence. The time limit for such claims is three years. This means that the claim must be brought to court within three years. The time limit run from when you became aware of your injury.

There are circumstances in which the time limit may vary. They could be shorter or longer than three years in some instances. For example, there is no time limit for Scotland claims for child abuse.

What Is Negligence?

When contacting a Scottish solicitor for a personal injury claim, you will need to show that the other party has acted in a negligent way. Scotland has high standards of care in many different areas. If the actions of the defendant did not match these requirements, they could be considered legally negligent. In such cases, you could sue for compensation.

For example, local authorities have a duty of care to maintain pavements and roads. If they do not do so and you have an accident, you could make an injury claim.

How long can I make a claim after an accident?

The time limit for making a personal injury claim after an accident in Scotland is three years from when the accident occured.

How are personal injury claims calculated?

Personal injury claims are calculated based on the severity of your injuries and how you’ve been affected by them. They’ll also take into consideration any financial losses like loss of earnings, known as special damages.

Do I need a solicitor to make a personal injury claim?

Having a solicitor represent you isn’t a requirement of a personal injury claim, however, you may find that doing so means your claim is much less stressful than if you were to deal with it yourself.

How much does it cost to make a claim?

If you choose to have a solicitor act on your behalf in order to make a claim, then you may find that it quickly becomes expensive if you’re paying an hourly rate. Our No Win No Fee agreement means that you can claim without having to pay a penny until you receive your compensation.

How can I prove my pain and suffering?

The best supporting evidence for a personal injury claim is medical records. You should seek medical attention as soon as possible after being involved in an accident.

Can I make a claim on someone else’s behalf?

In some cases, yes. If the injured person is under 18 or lacks the mental capacity to claim for themselves, you can claim on their behalf acting as a litigation friend.

Thank you for reading our guide on accident claims in Scotland.

Guide by Wheeler

Edited by Billing

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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