Personal Injury Claims Scotland Calculator – Injury Compensation Calculator Scotland
By Olivia Fitzpatrick. Last Updated 30th July 2021. If you were injured in an accident in Scotland and you would like to know more about the differences between English and Scottish law, this guide aims to provide you with essential information on how your Scottish personal injury claim would be worked out. We look at how to value a personal injury claim with the help of a personal injury claims Scotland calculator.
We are sometimes asked how to calculate your personal injury claim for injuries in Scotland. There are several differences worth knowing about should you wish to claim compensation for any injuries suffered in an accident in Scotland. With this said, you would need to provide adequate evidence that you did not contribute to the incident and that it was caused either through the negligence or error of another party. There is also a strict time limit associated with Scottish personal injury claims which must be respected.
For more information on proving liability, the evidence required, whether or not your claim would be subject to compulsory pre-action protocols, and how a solicitor could assist you throughout the whole process, please contact one of our advisers on 0800 073 8804, or you can continue reading our guide.
Select A Section
- A Guide On Personal Injury Claims Scotland Calculator
- What Is A Personal Injury Claim In Scotland?
- Claims For Scottish Road Traffic Accidents
- Claims For Whiplash Accidents In Scotland
- Claiming For Accidents At Work In Scotland
- Claiming For Slips Or Falls In Scotland
- Scottish Holiday Accident Claims
- Claims For Medical And Clinical Negligence In Scotland
- Criminal Injury Claims In Scotland
- Personal Injury Claims Scotland Calculator
- Special Damages Accident Victims In Scotland Could Claim
- Why Choose Legal Expert To Handle Your Claim?
- Start Your Personal Injury Claim In Scotland Today
- Essential References
Our guide on how to calculate your personal injury claim aims to provide essential information on claiming compensation for injuries sustained in an accident in Scotland whether in the workplace, in a road traffic accident or elsewhere. The guide covers many aspects of claiming compensation which includes the following:
- Establishing who could be held liable for your injuries and out of pocket expenses
- How to claim compensation for injuries sustained in a road traffic accident
- The whiplash compensation process in Scotland
- How to claim compensation for injuries sustained in the workplace
- How to claim compensation for slips, trips and falls in Scotland
- When to claim compensation for injuries sustained on a Scottish holiday
- How to claim compensation for medical and clinical negligence in Scotland
- When and how to file a criminal injury claim in Scotland
How personal injury claims Scotland calculators work
The following sections cover how a personal injury claims (Scotland) calculator works and what special damages could be included in a claim. The last sections of our guide offer information on where to look for information on how much Scottish personal injury compensation you may be awarded in a successful claim. The options available are as follows:
- To go online and check out the compensation guidelines provided on many websites
- To use an online personal injury compensation calculator
Although both options would provide you with a general idea of how much your personal injury claim may be worth, the better choice is to contact a member of our specialist team. They are in a better position to provide a more accurate idea of the amount you could receive once they have established you have a valid claim against a responsible party who could be deemed liable for injuries you suffered in an accident in Scotland.
As previously touched upon, there are several differences in Scottish and English law when it comes to claiming compensation for injuries, damages, and losses. The process in Scotland is different too with some cases being subjected to compulsory pre-action protocols, whereas in other claims the protocols are voluntary. Other differences include the following:
- Your personal injury claim would be dealt with under Scottish law. This is because of the Treaty of Union of 1707 which guarantees Scotland it’s legal independence
- There may be differences in the amount of compensation you would be awarded in a successful Scottish personal injury claim, with an example being that you may be awarded much more in the way of compensation if a family member was fatally injured in an accident in Scotland
- There are procedural differences to consider too with regards to pre-action protocols, whether voluntary or compulsory
- When claiming ‘costs’ in a Scottish personal injury claim, which are known as ‘expenses’, the amount you could receive may be different than the amount you may be awarded in an English personal injury claim
- If you suffered a workplace injury through no fault of your own, you could have the ‘right’ to choose where your claim is heard. An example is that if the accident happened in one area of Scotland and your employer’s official place of business is in another region, you can opt to have your case heard where you choose
Claims under Scottish law
If you were injured in a Scottish accident, whether in the workplace or elsewhere, you could have the right to seek compensation providing you can prove the incident happened due to the negligence or error of another person or entity. However, because of the differences in Scottish and English law, it is best to seek advice before pursuing a claim to ensure that your case meets all the necessary requirements and to increase the chances of a successful outcome. It is also noteworthy that a member of our team at Legal Expert could assist you when it comes to finding the right Scottish solicitor to act on your behalf.
How can I establish grounds to make a claim?
In most cases of personal injury, in order to have grounds to make a claim, you’ll need to be able to establish the following points:
- A third party owed you a duty of care by law
- They failed to uphold this duty
- And you suffered as a result
If you can prove each of those points, you could be able to make a claim for compensation as third-party negligence was responsible for your suffering.
However, every case is unique. Therefore, in order to get a personalised consultation on your situation, please don’t hesitate to get in touch with our team of specialist advisors to see whether you could have a valid claim. They could even tell you how much compensation yo ucould be entitled to for your case, without having to continue on to our personal injury claims Scotland calculator later in this guide.
If you were injured in a Scottish road traffic accident, you could be entitled to seek compensation providing you have sufficient evidence of third-party negligence, recklessness, or the unreasonable behaviour of another road user. With this said, if you think you may be partly responsible, you should still get in touch with a solicitor because you may still be able to seek compensation, although the amount awarded would reflect the level of responsibility you are deemed to have had.
The statutory time limit for Scottish road traffic accident claims is 3 years from the date of the incident, or from when you first became aware of your injuries as detailed in the Prescription and Limitation (Scotland) Act.
Family members claiming compensation on behalf of a loved one who has passed away, have 3 years from the date they died.
Where children are involved, the time limits do not start until the child turns 16 years of age.
If a claim is made for someone who lacks the mental capacity to file a personal injury claim on their own, there is no time limit in Scotland and the same applies to claims for compensation filed through the civil courts for childhood abuse.
Because time limits can vary depending on the circumstances surrounding an incident, it is far wiser to seek legal advice from a solicitor as early as possible to avoid running out of time to make a Scottish personal injury claim.
If you suffered whiplash in a road traffic accident, bearing in mind this could be in a low-impact crash, it could result in you suffering from a condition called Whiplash Associated Disorder (WADS). You do not have to be in a high impact collision with another vehicle to sustain this type of injury to your neck and spinal cord.
Both shoulder and neck injuries are commonly sustained in car crashes and although you may often hear the word ‘whiplash’, this is not an injury in itself but refers to a variety of injuries to the neck when a person’s head is thrown backwards, forwards or sideways in a violent way. In medical terms, it is referred to as hyperextension and hyperflexion. It is the kind of injury that occurs when your vehicle is shunted from the rear, front or side.
Some of the more common symptoms associated with whiplash could include the following:
- Neck pain and stiffness, making it hard to move your head
- Muscle spasms in shoulders and arms
- Pain in shoulders and arms
- Severe pain continues even after taking pain relief medication
- Tingling or pins and needles on either one side or both sides of your body
- Difficulty walking or sitting in the upright position
- A sudden feeling of an electric shock in the neck or back could go down your arms and legs too
- Weakened arms or legs
It is worth noting that you may not feel any symptoms of whiplash straight away and that they may only appear several hours afterwards. If there has been damage to the nerves found in your neck or back, you must seek medical treatment as soon as you possibly can.
When it comes to treating whiplash, you may need to be seen by a physiotherapist, a pain specialist, or you may require psychological support, in which case your GP would refer you to a specialist. It is also worth noting that often physiotherapy is not covered by the NHS, in which case, Legal Expert can help. We can arrange for you to be seen by a specialist in your area and the medical report they produce can be used when you make a personal injury claim for whiplash in Scotland. If the specialist recommends physiotherapy as a treatment, this could be claimed as part of your claim.
The law regarding Health and safety across the UK is the same. However, offences are prosecuted differently in Scotland than in England. When Health and Safety inspectors in Scotland are called in, they send their reports and recommendation on offences to the Health and Safety Division of the Crown Office and Procurator Fiscal Service (COPFS). It is the COPFS who then decide whether criminal proceedings should be instituted.
Employers in Scotland have a legal duty to ensure that a working environment is safe for you to work in. They must set in place safe and effective working practices to reduce the risk of injury and illness to their employees. These health and safety practices also help improve a business’s reputation and output.
If you were injured in an accident at work in Scotland because your employer failed in some way to keep you safe from harm, you could seek compensation from them. Should this be the case, we always advise claimants to begin their personal injury claim sooner rather than later while events are still fresh in everyone’s minds.
One of the most commonly reported accidents in the workplace involves slips and trips, making up more than a third of all injuries sustained by employees when they are at work. Statistics show that more than 10,000 employees sustained injuries when they tripped at work in a single year. It provoked the Health and Safety Executive to run a Shattered Lives Campaign to highlight the dangers and consequences of slips, trips and falls from a height in the workplace.
Workplace hazards that could result in you slipping and injuring yourself could include the following:
- Wet slippery floors
- Not being given the correct footwear
- Loose or torn mats or carpeting
- Rain, snow and sleet at entrances and in loading bays
- When you walk from a wet area into a dry area
- Dusty floors
If you were injured in the workplace when you slipped or you had a fall from a height that left you unable to work, you may be entitled to seek compensation from your employer providing you can show they failed in their duty to keep you safe from harm at work. To learn more about how to calculate your personal injury claim, speak to our team.
If your dream getaway was ruined because you were injured in a Scottish holiday accident, you may be able to seek compensation providing you can show that you did not contribute to the injuries you suffered in the incident.
You could suffer an injury on holiday in Scotland in many ways, but some of the more commonly reported accidents include the following:
- Road traffic accidents involving collisions
- Slip, trips and falls around swimming pools
- Food poisoning
You may be involved in an accident on the road, in the hotel or when using the swimming pool. There may be an outbreak of food poisoning in the hotel or area you are visiting. If you can show that you were injured or developed an illness through the negligence of someone else, you may be able to seek compensation.
Package holiday claims
If you were on a package holiday, you could bring a claim for compensation against the company responsible through the Scottish courts. An example being as follows:
- Should you have been injured whilst on an excursion, or when you were taking part in an activity which took place off a hotel’s premises, you may be able to pursue a claim against the holiday company that sold you the package holiday provided that the activity or the excursion was pre-booked and paid for as part of your package holiday deal
For your Scottish accident claim to be valid regarding a holiday, you would need to show the incident was caused through the negligence of the holiday company or by someone who was acting on their behalf. This could be hotel staff or a coach driver.
It is worth noting that although your holiday claim for compensation could be heard in a Scottish court, proving who could be held responsible may be dealt with in the country where the holiday accident happened. It is also noteworthy that standards in another country may be much lower than those in the UK and as such, recovering compensation for injuries sustained can often be a little more challenging.
To help strengthen your claim for a holiday accident, you should do the following:
- Take photos of your injuries and where the accident occurred
- Always report an incident to your travel rep as soon as you are able to and ask them to give you a copy of the accident report for your own records
- Get as many contact details of witnesses as you can
- Make sure you get a medical report of the treatment you received and ask for a copy of the report even if it is written in a foreign language
If you need help and advice on how to pursue a holiday accident claim through the Scottish courts, a member of our team at Legal Expert can assist you. They would listen to the circumstances surrounding your claim before offering essential advice on whether you have a strong case against a third party. Should this be the case, you would be offered No Win No Fee terms from a solicitor willing to represent you in Scotland.
If you suffered avoidable health issues or injuries due to medical or clinical negligence on the part of a doctor or other health professional in Scotland, you may be entitled to claim compensation. For this type of claim to be valid, you would need to show the following:
- That a doctor, nurse, dentist, carer, or other healthcare professional provided sub-standard treatment which caused you harm.
Because this type of personal injury claim is complex, it is always wiser to seek legal advice as soon as possible and before pursuing a claim. Should you have received what you believe to have been substandard treatment from the NHS and as a result this caused you to suffer, you should follow the NHS complaints procedure.
A member of our team of specialist solicitors would be able to assist you with this because a formal complaint would be required should you wish to pursue a medical or clinical negligence claim in Scotland due to substandard treatment from the NHS.
If you were the innocent victim of a crime of violence in Scotland, you may be entitled to seek compensation through the Criminal Injuries Compensation Authority (CICA). However, to qualify, you must meet the necessary criteria and you must not have any unspent convictions which would automatically disqualify you from claiming compensation through the CICA Scheme.
You would also need to have reported the crime against you to the police because without a crime reference number (CRN), the authority would not accept your application for compensation through their Scheme. Because the rules governing CICA claims are stringent, it is far wiser to seek legal advice prior to submitting an application to the authority.
This is where one of our solicitors can be of assistance having years of experience in handling Criminal Injury Compensation claims for people who were the blameless victims of crime in Scotland in the past. To find out how we can help, please call us on 0800 073 8804.
At Legal Expert we are often asked by claimants the following question:
- How much will I receive if I file a personal injury claim in Scotland?
The answer is that it would depend on several things which would include the following:
- How severe your injuries happen to be
- How your injuries impact your life
- Whether you would be able to work again
- Whether your injuries were life-changing and you need ongoing treatment and therapy
You could use an online personal injury calculator, but these tools would only provide you with a rough idea of how much compensation you may be awarded. The reason being that every personal injury claim is unique and as such, without the necessary details, it is hard to provide a clearer estimate of how much you may be awarded in a successful Scottish personal injury claim.
To get a general idea of compensation amounts, please see the table below bearing in mind, the amounts provided are based on the Judicial College Guidelines for compensation paid to claimants in England. Amounts awarded through a personal injury claims Scotland calculator may be different from these.
Updated July 2021.
|Back - minor||Up to £2,300||Recovering completed within 3 months of the accident.|
|Back - severe (i)||£85,470 to £151,070||Damage to spinal cord and nerve roots. Severe pain and some paralysis, with impairment to bladder, bowel and sexual organs.|
|Neck - minor (i)||£4,080 to £7,410||Recovery completed within 1-2 years. Also covers exacerbation or acceleration of injuries between 1-2 years.|
|Neck - severe (i)||In the region of £139,210||Partial paraplegia with little or no movement in the neck, plus severe headaches.|
|Arm - simple fracture||£6,190 to £18,020||A straightforward fracture of the forearm.|
|Shoulder - moderate||£7,410 to £11,980||Frozen shoulder with restricted mobility and ongoing pain which could continue for up to 2 years.|
|Foot injuries||Up to £12,900||Undisplaced fractures, sprains and ligament-related injuries.|
|Ankle - very severe||£46,980 to £65,420||Serious fracture with significant soft tissue damage. Could be resulting deformities or below-knee amputation.|
|Elbow - severe||£36,770 to £51,460||A severely disabling injury|
For a more accurate idea how to value a personal injury claim, please contact one of our experts today on 0800 073 8804.
The personal injury claims Scotland calculator above only looks at damages for your injuries. As previously touched upon, you would be awarded general damages for the injuries you sustained in an accident in Scotland, but you could also claim special damages for all the out of pocket expenses you had to pay out as a result of your injuries. As such, you may be able to claim the following providing you have receipts as proof of your expenditure:
- Loss of earnings and loss of earnings in future
- Travel expenses associated with your injuries
- Medical bills which are not covered by the NHS
- Care expenses if you need assistance in the home
- Home and vehicle adaptations if required
- All other expenses you can link to the injuries or workplace health issues sustained in an accident in Scotland
To find out how Legal Expert can assist you in determining how much you may be able to claim in special damages, please get in touch on 0800 073 8804 today.
We have a team of experts who have years of experience in representing claimants who were injured in accidents in Scotland or who suffered injuries at work in Scotland.
Our solicitors work hard when investigating a claim and should a case go to court, we would ensure you are represented by a solicitor or barrister who has a true understanding of Scottish law and pre-action requirements, whether compulsory or voluntary. To discuss your claim with one of our experts, please call us on 0800 073 8804.
We hope this personal injury claims Scotland calculator has helped you see what you could claim. We have looked at how to value a personal injury claim and provided examples of what people could claim.
Should you wish to discuss your case with one of our experts you can reach us by phone on 0800 073 8804, or you can opt to contact us by emailing firstname.lastname@example.org or by filling out our online claims form.
For more information on claiming compensation through the Criminal Injuries Scheme, please follow the link provided below:
For more information on how much compensation you may be awarded through a successful CICA claim, please click on the link below:
If you were injured in an accident in Scotland and would like to know more about pre-action protocols, please follow the link provided below:
If you have been affected by sexual abuse in Scotland this guide could help you learn more about the claims process.
Check how long you have to claim in this guide to Scottish injury claim time limits.
Statistics published by the Scottish Government with information on personal injury claim cases.
FAQs Personal injury claims Scotland calculator
Will the cause of my accident affect my compensation?
The answer is that it may affect your compensation settlement. The calculator and guidelines from the Judicial College do not take causation into account. In settling cases sometimes the cause of an accident is taken into account when the final settlement is agreed upon.
If your claim is against an employer they could be held in vicarious liability. This is where either an omission or an act on their part caused the accident. Your solicitor and the employer’s insurance provider may take this into account. When looking at how to value a personal injury claim, our team may take the circumstances of your accident into account.
What else could affect how my claim is calculated?
In most cases, personal injury claims do not go to court. Compensation settlements are usually agreed upon as part of the negotiations between your solicitor and the defendant. The defendant may try to reduce the amount of compensation that is paid out. They may make lower first offers. Your solicitor could ask for longer in which to negotiate the settlement. During this time your symptoms could become better understood and a more accurate settlement may be calculated.
Thanks for reading our guide, which includes our personal injury claims Scotland calculator.
Written by Wood
Edited by Billing