If you have suffered an accident and consequent injury in Scotland, due to the negligence of another party, you may be entitled to make a personal injury claim. You should start your claim within three years of the accident or incident; or within three years of the date that you realised you had been injured. As the Scottish courts rarely allow time-extensions, you should consult a personal injury solicitor as soon as possible.
A personal injury could be the result of a road traffic accident, or a slipping or tripping incident, for example. Alternatively, a personal injury could be an industrial illness, such as asbestosis, brought about by long-term exposure to a hazardous substance; or a psychological condition, possibly caused by undue stress at work.
In Scotland, the ‘pursuer’, will sue the ‘defender’ in the civil court. A claim with a value of less than £5,000 will be heard in the nearest Sheriff Court to the place the accident occurred. However, if a claim is more serious or has a much higher value, it will almost certainly be heard at the Court of Session in Edinburgh.
In Scotland, pre-trial disclosure of documents is not obligatory, unlike England and Wales. Instead the pursuer must apply to the court for the documents required (Specification of Documents); therefore court proceedings may take longer in Scotland. In addition, expert witnesses may only be revealed on the morning of the trial, and are allowed to give oral evidence from a report that has not been lodged (served with the court) before that date. Thus, it is not always possible to be fully prepared for the claim before the commencement date.
Personal injury compensation claimed in Scotland, consists of:
- Recompense for pain, suffering and any loss of amenity (solatium)
- Cover for past and future wage loss
- Reimbursement for services - including for services needed by the injured person, as well as for services the injured person used to provide but can no longer do so
No-win, no-fee legislation has not been enacted in Scotland; instead, many Scottish law firms will offer a Speculative Fee Arrangement. Such an arrangement should be discussed in detail with your solicitor in advance. This is because your solicitor may receive a fixed percentage of the compensation you receive. On the other hand, some legal aid for personal injury claims is still available in Scotland.
- Last Updated on 19/09/2011
