Personal Injury Claims

Personal Injury Claims In Scotland

Our personal injury solicitors in Scotland specialise in serious injury claims, but we help people who have been affected by a number of different kinds of injury, including:

Some of the most high profile cases we’ve been involved with include:

  • The Clutha Tragedy
  • The RAF Nimrod explosion
  • The Moray Firth Tornado crash
  • The 2012 Edinburgh Legionnaires’ outbreak

Sometimes you might be able to choose between England and Scotland to make your compensation claim – we’ll advise you which country would be best for you. For example, Scottish law generally offers higher bereavement payments to a wider range of family members.

We’re proud of our rehabilitation-led approach to personal injury claims, and we’ll make sure you get the care you need. We have relationships with support groups and charities across the country, and we can use these contacts to help you.


Accredited serious injury lawyers
Legal aid available
Links with local and national charities
Specialist rehabilitation contacts

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0800 056 4110

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Personal Injury Claims In Scotland - More Information
    • What’s The Process For Claiming Compensation?
    • Our solicitors handle personal injury claims every day, but we understand that no two cases are the same. We know that you’ll have plenty to deal with already, seeing doctors and specialists and learning to cope with your injuries.

      The first step we take is to listen to your story. Once you’ve told us what happened and your situation, it’s our job then to get the evidence to prove your case. When we have this, we can start making a claim for compensation.

      We’ll then calculate how much compensation you’ll need, taking into account your pain, loss of earnings and the cost of the medical treatment you’ve had so far and will need in the future.

      Sometimes it might be better for you if we negotiate a settlement with the person or company that has caused your injuries, rather than go to court. We’ll discuss all of the options with you clearly and make sure that you’re happy with whatever plan we agree on.

    • What Are The Time Limits For Making A Claim In Scotland?
    • In most cases you have three years to make a claim, starting from the date your injury happened. However, for children the three year time limit begins from the day they turn 16 (in England and Wales it’s 18). The time limit doesn’t run during any period when you are mentally incapable of managing your own legal affairs.

      No matter when your injury happened, it’s important to get legal advice as soon as possible. The sooner we can begin to investigate your claim, the better our chances of gathering witness statements to back up your case.

    • How Can Irwin Mitchell Help?
    • Every year we recover millions of pounds in compensation for people who have suffered a personal injury. Choose us for your personal injury claim and you will benefit from:

      • An early investigation of who’s to blame for your injuries
      • Interim compensation payments where possible to pay for private healthcare, rehabilitation and to help to pay your bills if you can’t work
      • Expert advice on state benefits, your employment rights and other financial issues
      • Help from solicitors in our other departments, such as financial planning, personal injury trusts, Wills advice and power of attorney
    • Meet The Experts
    • We’re consistently ranked among the very best personal injury lawyers in the country by independent legal guides, with decades of expertise helping our clients.

      Take a look at our Scottish personal injury solicitors or phone us on 0800 056 4110 to find out how we can help you make a claim.

I'm relieved that I can continue to improve my recovery by accessing specialist rehabilitation services which have helped me get this far."

Jaxx, client
Client Jaxx Cave

Frequently Asked Questions

How Will My Case Be Funded?

Scottish personal injury claims can be funded differently to cases in England and Wales.

In Scotland, accident claims can be funded using legal aid, which many of our clients are eligible for.

Legal aid covers the costs of making a claim, but you might still have to pay a contribution towards the fees depending on your financial situation. Where this applies to you, the Scottish Legal Aid Board will calculate and agree your contribution with you before we make a start on your case. If you lose your case, the Scottish Legal Aid board will meet your opponent’s costs, as well as ours.

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Should I Make A Claim In England Or Scotland?

We’ll always advise you on the best options available to you and whether we think you’d be best claiming through Scottish law or in England or Wales. Depending on the case type, it may be more beneficial for you and your family for your case to be dealt with under Scottish law.

For example, in fatal cases the categories of relatives eligible to seek compensation are more wide-ranging than in England and Wales. Also, the levels of compensation awarded to bereaved families are much higher in Scotland, so we’d advise you to claim under Scottish law where possible.

Generally speaking, you’ll have to use the Scottish courts if your injury happened in Scotland. If your accident happened in England, but the organisation responsible is registered in Scotland, you could make a claim in Scotland.

Contact us today for a free initial consultation and we’ll advise whether claiming through Scottish law will be the best option for you.

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Will I Have To Go To Court?

Most Scottish claims are heard in sheriff court. This court is either a local one or, for certain claims, the national Sheriff Personal Injury Court in Edinburgh. If a case goes to the Edinburgh court, the claim must meet one of the following criteria:

  • Worth more than £5,000
  • A workplace personal injury claim worth at least £1,000
  • A workplace personal injury claim worth less than £1,000 but sent from a local sheriff court outside of Edinburgh

Some claims might be raised in the Court of Session, the highest civil court in Scotland. It sits in Edinburgh and deals with more serious and complex cases which must be worth at least £100,000.

However, it’s worth noting that most personal injury claims tend to settle out of court and don’t make it to a trial (or “proof” as it’s known in the Scottish courts).

We have experience taking cases to both local and national sheriff courts. Whatever the nature of your personal injury claim, we’ll be able to make sure you get the compensation you need.

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Awards & Accreditations

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven previous occasions.
"One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

Read More Feedback

We’re proud of our long-standing links with serious injury charities in Scotland.

We support their campaigns for greater awareness of the issues faced by victims and their families. Some of the charities we support include:


  • Brightest Star
  • Child Bereavement UK
  • Headway Scotland
  • Momentum
  • Scottish Head Injury Forum
  • Headway
  • Spinal Injury Association (SIA)

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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