Personal injury
Clear, practical help if you have been injured in an accident that was not your fault. We explain your rights, deal with the insurers, and work towards compensation that reflects what the injury has cost you.
In short
Yes, if someone else’s negligence or breach of duty caused your injury and you act within the time limit, which is usually three years from the accident. Compensation covers your pain and suffering (solatium) and your financial losses, such as lost earnings, care and treatment costs. We offer a free first review, and no win, no fee funding is available.
Last reviewed · General information, not legal advice
Your rights under Scots law
An accident can bring physical, emotional and financial strain all at once. In Scotland, the law of delict protects you: if a person, business or public body breaches a duty of care and you are injured as a result, you are entitled to compensation.
We take time to understand how the injury has affected you. That means arranging an independent medical report near you, and working out your lost earnings, care needs and other costs, so that any settlement reflects your situation as a whole.
Under the Prescription and Limitation (Scotland) Act 1973, court proceedings must usually be raised within three years of the accident, or of when you became aware of the injury. Getting in touch early also helps preserve CCTV footage, witness details and other evidence before it is lost.
Types of claim
Most claims settle by negotiation with the insurer. Where court action is needed, personal injury cases in Scotland are raised in the Sheriff Court, including the All-Scotland Sheriff Personal Injury Court, or the Court of Session.
Employers in Scotland must provide a safe place of work, suitable equipment, proper risk assessments and adequate training, under the Health and Safety at Work etc. Act 1974 and related regulations.
Drivers, passengers, motorcyclists, cyclists and pedestrians injured by a negligent driver can claim against that driver’s insurer, including where the driver was uninsured or not traced.
Under the Occupiers’ Liability (Scotland) Act 1960, councils, shops, landlords and businesses must take reasonable care that their premises and walkways are safe.
What you can claim for
Under Scots law, compensation covers both the injury itself and the financial effect it has had on you and your family.
Compensation for the pain, distress and loss of enjoyment of life that the injury has caused, both so far and in the future.
Wages lost while you recover, and future loss of earnings if you cannot return to your job or your prospects have been affected.
Under sections 8 and 9 of the Administration of Justice Act 1982, you can claim for care and help given by relatives, and for household tasks you can no longer do yourself.
Private physiotherapy, counselling, scans, mobility aids, adaptations to your home, and travel to appointments.
Questions
Straight answers to what people ask us about these claims.
Usually three years from the date of the accident, under the Prescription and Limitation (Scotland) Act 1973. If you did not know straight away that your injury was caused by someone else, the three years can run from when you became aware. For children, the three years normally start at age 16. The court can sometimes allow a late claim, but it is never guaranteed.
It depends on how serious the injury is, how long it lasts, and what it has cost you. Compensation is made up of solatium, for pain, suffering and loss of enjoyment of life, and patrimonial loss, for financial losses such as wages, care and treatment. We can only give a realistic figure once we have a medical report.
Often, yes. If you were partly responsible, for example by not wearing a seatbelt, your compensation can be reduced to reflect your share of the blame. This is called contributory negligence. It does not usually stop a claim altogether.
Employers must carry employers’ liability insurance, so compensation is paid by their insurer rather than out of the business. Most people who claim continue in their job. If you are worried about how you might be treated, tell us at the start and we will talk it through with you.
You may still be able to claim through the Motor Insurers’ Bureau, which compensates people injured by uninsured or untraced drivers. Report the accident to the police as soon as possible, as this is usually required.
Talk to us
Tell us what happened and we will give you an honest view of your options under Scots law. There is no obligation to go any further.
