How Much Compensation Can You Claim for a Personal Injury in Scotland?

If you have suffered an injury in a road traffic accident, workplace accident or another situation where someone else may have been at fault, one of the first concerns is likely to be how much compensation you could receive.

There is no fixed amount for personal injury claims in Scotland. How much you get for your injury claim depends on the type of injury, the length of time it takes to recover from it, the effect it has on your life and the financial losses you’ve suffered. In this article, we look at how compensation is calculated, what evidence is needed and when a solicitor might be able to help.

How much compensation can you claim for personal injuries?

In a personal injury claim, you can claim for the injury itself, but also any financial loss you have suffered as a consequence of the accident. The nature of the injury and its effect on everyday life can therefore make a substantial difference.

For example, someone with a short-lived injury may have a very different compensation claim from someone who suffers permanent disability, psychological injury or a serious spinal injury.

What affects personal injury compensation?

A solicitor will usually consider medical evidence, the accident circumstances and the effect of the injury on your work and daily activities. Lost earnings, medical treatment and other reasonable expenses may also form part of the claim.

The amount of compensation awarded isn’t based simply on how painful an injury was immediately after the accident. Recovery, ongoing symptoms and the impact on your life can all matter.

Can you make a personal injury claim after a traffic accident?

Many personal injury claims arise from road traffic accidents. Evidence about what happened can help establish who was responsible and whether another road user was negligent.

If you have been involved in an accident, photographs, witness details, medical records and correspondence with the insurance company can all help support your claim.

What about a workplace accident?

A workplace accident may give rise to a compensation claim where an employer or another party may have been legally responsible for the injury. This may involve questions about training, equipment, working practices and the circumstances of the accident.

Before assessing your claim, a solicitor will normally ask for details of the accident, any medical treatment you received and the financial losses you have experienced.

What evidence does a solicitor need?

Evidence can include medical records, photographs, accident reports, wage information and witness statements. Keep copies of correspondence and documents relating to the accident.

The more serious the injury, the more important medical evidence can become. A personal injury solicitor may need evidence about your prognosis and the longer-term result of your injury.

Is there a time limit to make a claim?

For many personal injury claims in Scotland, the general time limit is three years from the date the injury occurred. There are important exceptions, including circumstances involving a person lacking capacity or where the date you became aware of certain material facts is relevant. 

This means that the phrase “three years to make a claim” should not be treated as a rule that applies the same way in every case. A solicitor can advise on the applicable time limit.

Do serious injury claims receive more compensation?

If you have suffered a serious injury, the compensation you may be able to claim can be very substantial as the effects may last for many years. Serious injury may affect your employment, independence, relationships and ongoing care needs.

The final compensation payment may therefore reflect several different losses. A specialist personal injury solicitor will consider the individual evidence rather than applying a standard figure.

Will you have to go to court?

Not every personal injury claim reaches a court hearing. Negotiations can resolve many disputes, although court proceedings may become necessary where liability or the amount of compensation remains disputed.

In Scotland, you can use the Sheriff Courts, including the National Personal Injury Court, for a personal injury case, and the Court of Session for certain of the more expensive or suitable measures. 

How much is a personal injury claim worth?

There is no maximum compensation figure that applies to every personal injury claim. This will depend on the evidence and losses you have suffered and the nature and severity of the injury.

A solicitor can review the evidence to see whether you may have a compensation claim and which losses may be included. A claim is not guaranteed simply because an injury occurred.

How can SGT Law Firm support a personal injury claim?

SGT Law Firm provides personal injury legal services across Scotland. Its lawyers can review the circumstances of an accident, look at the available evidence and explain the claims process. The firm’s Personal Injury Lawyers Glasgow service also provides more information for anyone considering a compensation claim.