Personal Injury Claim Services in Scotland: What We Cover

Claimant calling for personal injury advice

If you were hurt in an accident that was someone else’s fault, the services you need in Scotland are a specialist solicitor, a free assessment of your claim, and a clear answer on cost before you sign anything. At Scotland Claims Injury Lawyers we handle road traffic, workplace, slip and trip, whiplash and motorcycle injury claims on a No Win No Fee basis, and we take no success fee from your compensation.

This guide explains what each service covers, how a Scottish claim differs from the rest of the UK, what the law lets solicitors charge, and what to do in the first weeks after an injury.

Scotland Claims Injury Lawyers
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Scotland Claims Injury Lawyers handles personal injury claims in Scotland, with no success fee deducted from your compensation.
  • ✓Road traffic accident claims
  • ✓Workplace injury claims
  • ✓Slip and trip claims
  • ✓Whiplash and motorcycle claims
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TL;DR

  • We act on personal injury claims in Scotland: road traffic accidents, accidents at work, slips and trips, whiplash and motorcycle accidents.
  • Scottish law caps success fees at 20% of the first £100,000 of damages, including VAT and unrecovered outlays. Our success fee is 0%.
  • The usual time limit to raise a court action is three years, so do not wait.
  • Assessment is free. Call 0800 611 8132 at any hour or use the online claim form.
  • We do not deal with criminal injuries or medical negligence claims.

Table of Contents

Which injury claims we handle in Scotland

A personal injury claim is a claim for damages against the person or organisation whose negligence caused your injury. We focus on that, and only in Scotland. We do not act on criminal injuries compensation or medical negligence, and we say so early so you do not lose time with the wrong firm.

The services we offer are:

Service Typical situation Page
Road traffic accident claims You were a driver or passenger, not at fault, and injured in a collision Road traffic accident claims
Whiplash claims Neck and upper back injury after a shunt or sudden stop Whiplash injury claims
Motorcycle accident claims Rider or pillion injured on a bike Motorcycle accident claims
Injury at work claims Unsafe equipment, poor training, falls, manual handling Injury at work claims
Slip and trip claims Wet floors, broken paving, loose carpets, poor lighting Slip and trip claims
General personal injury claims Other accidents caused by someone else’s negligence Personal injury compensation claim

If you are unsure which category you fall into, that does not matter at the start. Describe what happened and a specialist will tell you whether it is a claim we can take on.

Road traffic and whiplash

We act for drivers and passengers who were not at fault, and for riders. Whiplash is the injury most people think of after a rear-end shunt, but the same claim process applies to more serious injuries such as fractures, head injuries and back injuries. Pain, loss of earnings, travel costs and the cost of care can all form part of the claim.

Accidents at work

Employers owe their staff a duty to keep them reasonably safe. If they fall short and you are hurt, you may have a claim even if you are still in the job. Citizens Advice points out that recording the accident by reporting it at work and seeing a doctor gives you records that help a claim and any benefits application. You can also read our page on the work accident time limit in Scotland.

One option people overlook: if you are a trade union member, your union may offer legal help for accidents at work. Check that first, then compare it with what we offer. Either way, speak to someone before your time limit runs out.

Slips, trips and falls

These claims depend on evidence: where you fell, what the hazard was, who was responsible for the place, and whether it had been reported or inspected. Photographs taken on the day and the names of anyone who saw you fall often make the difference. Claims against councils, shops, car parks and landlords all follow the same principle: the occupier must take reasonable care.

What a Scottish claim looks like

Scotland has its own legal system. A claim here is not a version of an English claim with different postcodes, and advice written for England can mislead you.

Time limits

The standard rule is that a court action for personal injury must be raised within three years of the date of the accident, or the date you became aware that you were injured. Citizens Advice Scotland explains that courts have a discretionary power to allow a late claim under the Prescription and Limitation (Scotland) Act 1973, but you should never plan around that. Our guide to the personal injury claim time limit in Scotland covers the exceptions.

Three years sounds generous. In practice, medical evidence, insurer negotiations and the need to value long-term injuries all take months, so the sooner a solicitor starts, the stronger the claim.

Where claims are heard

Most personal injury actions worth up to £100,000 can go to the All-Scotland Sheriff Personal Injury Court, which sits within Edinburgh Sheriff Court at 27 Chambers Street. The Scottish Courts and Tribunals Service page for the National Personal Injury Court sets out how it works. Higher-value actions can be raised in a local sheriff court or the Court of Session.

Most claims never reach a hearing and settle with the insurer. But if yours does go to court, the procedure matters. Court guidance says procedural hearings are mainly held remotely by WebEx, and the court runs an electronic motions scheme for submitting motions. A solicitor who works in this court regularly will be at home with both. Our Scottish personal injury litigation guide walks through the stages.

Where claims are heard — overview diagram

Why “simple procedure” is usually not the route

Simple procedure, the informal small claims route, is meant for money owed. Injury claims of any real size are better handled by a solicitor and raised as a personal injury action. If you are weighing it up, our article on the role of solicitors in Scottish injury claims explains what a solicitor actually does at each point.

For comparison, legal practice varies a great deal between countries. A firm in Colorado Springs, for instance, lists car, motorcycle and truck accident work as part of a wider practice, but the rules on time limits, fees and courts there are entirely different. Do not rely on foreign guidance for a claim in Scotland.

What it costs: success fees in Scotland

This is where firms differ most, and where many people lose money without realising.

Since the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the 2020 regulations, solicitors can charge a success fee on personal injury claims, but it is capped. The Law Society of Scotland’s journal reports the limits as:

  • 20% of the first £100,000 of damages
  • 10% of damages between £100,000 and £500,000
  • 2.5% of any amount above £500,000

These limits include VAT and unrecovered outlays. They are maximums, so a firm can agree to charge less.

A worked example

Suppose a claim settles for £10,000. A firm charging the maximum 20% success fee would deduct up to £2,000, leaving you £8,000. On a £40,000 settlement the deduction could be up to £8,000. With us, the success fee is 0%, so on those same figures you would keep £10,000 and £40,000. These are illustrations of the percentages, not predictions of what your claim is worth.

Settlement examples comparing 20% and zero success fees

We can do this because our fees are recovered from the opposing insurer when a case is won. You pay nothing upfront, and nothing is taken from your damages.

What No Win No Fee means in practice

The Law Society of Scotland’s guidance on success fee agreements says a solicitor must explain the agreement properly. It also warns that, depending on the arrangement, a client may still be liable for insurance premiums such as After the Event cover if a claim fails. So ask every firm, including us, three questions in writing:

  1. What percentage will be taken from my compensation, if any?
  2. What happens if I lose?
  3. Are there any other charges, premiums or outlays I could be asked to pay?

A clear answer to all three before you sign is the minimum you should expect.

Our view: why we charge no success fee

We are a Scotland-only injury practice, and we hold a firm position on this. Most of the big-brand firms you will find online take a success fee of up to the 20% maximum, including VAT. We think that is hard to justify when the opposing insurer already pays the legal costs of a successful claim. The person who was hurt should not hand over a fifth of their damages as well.

That is why every claim we take on is run on the basis that you keep 100% of your compensation. Our success fee is 0%, and we believe that makes our terms the lowest you will find in Scotland. Our services are regulated by the Law Society of Scotland, assessments are free, and our helpline and callback service runs 24 hours a day.

We also say plainly what we do not do. We do not handle criminal injuries or medical negligence claims, and we will tell you quickly if yours falls outside what we handle.

If you want to compare firms yourself, our guides to choosing the best personal injury lawyer in Scotland and finding a solicitor in Scotland set out the questions to ask.

— Roger

How a claim runs with us, step by step

  1. Free assessment. Call 0800 611 8132 or fill in the short claim form. Tell us what happened, when and where, and who you think was responsible.
  2. Specialist review. A solicitor assesses whether there is a valid claim in Scots law, and whether the time limit is a concern.
  3. Evidence. We help gather the accident details, medical records, witness names, photographs and evidence of lost income.
  4. Intimating the claim. The other side or their insurer is told about the claim and asked to respond.
  5. Valuation. Compensation reflects your injury, the effect on daily life, lost earnings and the cost of care or treatment. Our compensation calculator gives a first indication.
  6. Settlement or court. Most claims settle. If not, the action is raised in the appropriate court.
  7. Payment. If the claim succeeds, our fees are recovered from the opposing insurer and you receive your full compensation.

What to do in the first days after an injury

The practical steps are simple and make a real difference later.

  • See a doctor. Your health comes first, and the medical record is evidence.
  • Report it. For an accident at work, report it to your employer so it is recorded. Citizens Advice also notes that records help with Statutory Sick Pay and benefits.
  • Collect evidence. Photograph the scene, your injuries, any hazard and any vehicle damage. Note the names and numbers of witnesses.
  • Keep receipts. Prescriptions, travel to hospital, replacement equipment and lost wages all matter.
  • Do not accept a quick offer. An early insurer offer can be well below the true value of an injury that is still developing.
  • Do not sign anything you do not understand.

If you work and your employer has not reported a serious accident, the official record under RIDDOR can also be made with the Health and Safety Executive. Ask your solicitor how that applies in your case.

Benefits and compensation

Compensation can interact with state benefits. Parts of an award that cover lost earnings or care may need to be repaid to the Department for Work and Pensions, so tell your solicitor about any benefits you receive before settling. Citizens Advice recommends getting advice from a solicitor who specialises in these cases.

Start your claim with us

If you were injured in Scotland through no fault of your own, we can tell you quickly whether you have a claim, and you will not pay a success fee if you do. Start with our No Win No Fee personal injury claim page, call the freephone helpline on 0800 611 8132, or request a callback through the online form. For a broader overview, read our personal injury claims guide for Scotland.

FAQ

How much can I claim for an injury at work?

There is no fixed figure. The amount depends on the injury, how long it lasts, the effect on your daily life and work, and your financial losses. A solicitor values the claim after seeing medical evidence, and our calculator gives a rough starting point only.

How long do I have to make a personal injury claim in Scotland?

Usually three years from the date of the accident or from when you became aware of the injury, as Citizens Advice explains. Courts can allow late claims in some cases, but that is at their discretion. Speak to a solicitor as early as you can.

Do I have to pay anything if I lose?

With us, no. Our service is No Win No Fee and there is no upfront cost. Whichever firm you choose, ask in writing about any insurance premiums or outlays, because the Law Society of Scotland guidance says these can apply under some agreements.

Where is the All-Scotland personal injury court?

The All-Scotland Sheriff Personal Injury Court is in Edinburgh Sheriff Court, 27 Chambers Street. It hears personal injury actions up to £100,000, and many procedural hearings now take place remotely.

Do you handle medical negligence or criminal injuries claims?

No. We only act on personal injury claims in Scotland, such as road traffic accidents, accidents at work, slips and trips, whiplash and motorcycle claims.

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