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  • Personal Injury Claims In Scotland

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 developed an illness.

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

We’ve expertise in many types of personal injury claims, including:

  • Road traffic accidents
  • Workplace accidents
  • Serious injury including brain and spinal cord injury
  • Industrial diseases
  • Mesothelioma and other asbestos-related diseases
  • Air accidents
  • Military injuries
  • Child abuse
  • Redress Scotland
  • CICA
  • Accidents abroad.

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

Contact us today to discuss how we can help you.

Why choose Irwin Mitchell’s Scottish personal injury claims solicitors?

Our Scottish solicitors are experts and handle personal injury claims every day. Our team includes an accredited specialist in personal injury law by the Law Society of Scotland

We’ve the largest team of personal injury solicitors in the UK, giving us an unrivalled level of experience. We’ve the knowledge and the experience to secure compensation for you. We also have specialist knowledge of serious injury claims, including spinal and brain injuries.

We’ve worked on some of the most high-profile Scottish personal injury claims 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. We offer help and support to families as we fight for a fair compensation settlement.

We’re proud to support local charities like Glasgow Association for Mental Health (GAMH).

Our Support and Rehabilitation Coordinators can help you to access the appropriate care and rehabilitation you need. As trained clinical specialists, they’ll assess the support you’d benefit from the most.

Our Welfare Benefits advisors are also on hand to advise you on any benefits you may be entitled to claim. The Private Client team can advise you on setting up a personal injury trust, which will avoid your compensation from being factored into any benefits you’re eligible for.

Once you’re awarded compensation, you’ll be able to speak with our Asset Management team of financial experts. They can help you to make sure your money pays for all your needs. They’ll give you advice on how you can invest your compensation to make it last for as long as possible.

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

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Kim Leslie
Kim Leslie Partner Meet the team

More information on making personal injury claims in Scotland

To begin making a Scottish personal injury claim, you should contact us via telephone or online. We’ll arrange a free initial consultation with one of our personal injury lawyers, who’ll advise you on if you could make a claim.

There’s no obligation to go any further, but if you’re eligible to claim compensation and choose to go ahead with us, we’ll begin by gathering evidence to support your claim.

Once we’ve collected the evidence, we’ll calculate how much compensation we feel you’ll need to pay for any treatment, loss of earnings, and expenses you’ve incurred.

We’ll then approach the individual or company responsible for your injuries and tell them we intend to claim against them. If they admit responsibility and accept the amount of compensation we’re claiming for, we’ll be able to settle your case without needing to go to court. However, if they dispute responsibility or how much compensation we feel you need, we’ll talk to you about beginning court proceedings.

If we do need to go to court, we’ll be with you every step of the way. We’ll do everything we can to make sure you’re prepared and comfortable. Even if trial dates are set, many claims can still be settled before going to court.

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. We’ll always give you tailored advice based on your circumstances as to where we think you’d be better making a claim.

You can 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 can still 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.

In most cases, you’ve three years from the date you sustained an injury to start your claim.

In Scotland, there’s no time limit for claiming on behalf of a child until their 16th birthday (18th birthday in England and Wales). Once a child turns 16, you’ve three years to make a claim.

The three-year limit doesn’t apply to people who lack the mental capacity to make their own claim.

In child abuse cases, the law has changed, and the usual three-year time limit does not apply.

Whenever your injury happened, it’s always advisable to start making your claim as soon as possible. The sooner we can start investigating your claim, the better chance we have of gathering evidence and witness statements to support it.

In Scotland, accident claims can be funded with a no win no fee agreement.

By making a no win no fee claim, you won’t need to pay any fees upfront. If your claim is unsuccessful, you won’t have anything to pay at all. If your claim is successful, most of our fees will be paid by your opponent.

To make a no win no fee agreement, we’ll secure you an After The Event (ATE) insurance policy. This protects you from any financial risk if your claim is unsuccessful.

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

Matthew's story

Matthew was involved in a road traffic accident after working overnight in Dunfermline. He was the passenger in the van when the driver lost control and drove into the side of a bridge.

Matthew sustained a serious spinal injury and our personal injury team in Scotland helped Matthew claim compensation and access the support he needed.

Find out more about we helped Matthew.

Fraser Watson headshot

“Matthew was delighted with the outcome of his case and now he can concentrate on continuing his recovery and look to move forward with his life.” - Fraser Watson, Paralegal

Read More Client Stories

Frequently Asked Questions

Will I have to go to court?

Scottish claims are heard in 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.

More serious claims can 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 trial. We’ve experience taking cases to the Court of Session and the national PI court. Whatever the nature of your personal injury claim, we’ll be able to make sure you get the compensation you need.

How much compensation could I get in a Scottish personal injury claim?

The amount of compensation awarded in each personal injury claim varies depending on the circumstances around the case.

To get an idea of how much your claim could be worth, we advise you to contact us. Once we’ve heard about your accident, we’ll be able to put an estimate value on how much you could claim.

Compensation amounts are calculated based on:

  • The injuries you sustained
  • The long-term impact they’ll have on your life
  • Any expenses you’ve had, such as travel expenses to hospital appointments
  • Any modifications you need making to your home
  • Any specialist treatment or equipment you need
  • Loss of earnings you’ve had
  • Loss of pension.

Where is Irwin Mitchell based in Scotland?

We’ve offices in Glasgow, Edinburgh, Inverness, and Dunblane.

If you're unable to come to one of our offices, all of our lawyers can arrange to meet clients at an appropriate location, such as your home or in hospital.

If you'd prefer, we can communicate via phone or video calls instead. We'll always work in the way that's best for you.

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.

 

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