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Personal Injury Claims In Scotland

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Our personal injury and medical negligence solicitors in Scotland could help you claim compensation if you’ve been involved in an accident or suffered from an illness.

From our office in Glasgow, we support clients from across Scotland. Our lawyers help hundreds of people each year to make successful personal injury and medical negligence claims.

We have expertise in many types of personal injury claim, including:

  • Road traffic accidents
  • Workplace accidents
  • Slips and trips
  • Industrial diseases
  • Mesothelioma and other asbestos-related diseases
  • Air accidents
  • Military injuries

We also have specialist knowledge of serious injury claims, including spinal injuries and brain injuries. We work with support groups and charities across the country, so as well as helping you claim compensation, we’ll also focus on the rehabilitation and care you need in the future.

We’ve worked on some of the most high-profile Scottish personal injury cases of recent years, including:

  • The Clutha Tragedy
  • The RAF Nimrod explosion
  • The Moray Firth RAF Tornado plane crash
  • The 2012 Edinburgh Legionnaires’ outbreak
  • The Glasgow bin lorry crash.

This experience means we can handle any type of personal injury claim, offering help and support to families, as well as fighting for a fair compensation settlement. 

Depending on your circumstances, you may have a choice between making a claim in England or Scotland. Our knowledge of both legal systems means we can advise you on which option is best for you. 



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Personal Injury Claims In Scotland - More Information

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.

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.

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

Our Scottish office is in the heart of Glasgow, just a short walk from the main train stations. We represent clients from across the country in personal injury claims. We’re proud to support local charities like Glasgow Association for Mental Health (GAMH), who are our Glasgow office’s 2016 charity of the year.

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.

Client Jaxx Cave

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 Story - Rosie Mayes

Rosie: Nothing I Can't Achieve Rosie Mayes

In December 2009, Rosie Mayes's life changed forever when she sustained serious head and spinal cord injuries following a road traffic accident.

It took 30 minutes for firefighters to save her from the wreckage. Medical staff saved her life, but she was left tetraplegic, with only a small amount of movement in her left bicep.

Solicitors at Irwin Mitchell specialising in serious injury cases, helped Rosie and her family claim compensation to make sure that she receives the 24-hour care and rehabilitation she needs for the rest of her life.

Rosie Mayes

"The compensation means that I can have the care that I really need rather than what’s provided as a bare minimum." - Rosie Mayes

Wendy Mayes

"When the case was settled and I realised that Rosie’s future was secure it was the most enormous load off my mind. Suddenly the whole world opened up again." - Wendy Mayes

Read More Client Stories

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.

You may also be able to fund your case with a No Win No Fee* agreement, or Before The Event insurance. 

Learn more about funding a Scottish personal injury case

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.

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.

Read More FAQs

Related Information - Personal Injury Claims In Scotland

Rehabilitation – We see rehabilitation as an important part of any compensation claim.
Serious Injury Claims - We’re here to help if you’ve suffered a head, spinal cord or other serious injury in an accident.
Personal Injury Guide - Find out more about making a personal injury claim
Road Traffic Accidents - If you were involved in an accident on the road, as a driver, passenger, pedestrian or cyclist, you could claim compensation.

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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