How Long Do You Have to Make a Personal Injury Claim in Scotland?

After a road traffic accident, work accident or other injury, making a compensation claim may not be your first concern. You may have to arrange medical treatment, time off work and deal with the circumstances of the accident. But the accident date can become legally significant.

Most personal injury claims in Scotland are subject to a three-year time limit. There are exceptions, and the time limit may start from a different date depending on the circumstances of the case. This guide covers the key rules and why it can be useful to seek legal advice as early as possible.

What is the time limit for a personal injury claim in Scotland?

Under section 17 of the Prescription and Limitation (Scotland) Act 1973, a personal injury claim will generally need to be commenced within three years. In many cases, the period runs from the date on which the injuries were sustained. 

That can apply to an accident claim following a road traffic accident, workplace incident or another event involving negligence. The exact position depends on the facts, so the three years should not be treated as an automatic deadline for every case.

Can you make a personal injury claim after three years?

There are circumstances where the relevant date can be later than the date of the accident. Section 17 also considers when the injured person became, or could reasonably have become, aware of certain facts concerning the injury, its cause and the person responsible. 

The court can also have discretion under section 19A to allow certain actions to proceed after the normal time limit where it considers that equitable. That does not mean a late claim will automatically proceed. A solicitor will need to examine the circumstances before advising on whether such an argument may apply. 

When does the three-year time limit start?

For many injury cases, the starting point will be the date the injury was sustained. This means the date of the accident can matter from the outset.

Some cases are less obvious. A person may develop symptoms gradually or only later understand that an injury could be connected to another person’s act or omission. The law contains specific provisions dealing with knowledge of relevant facts, so the date from which the three-year period runs needs careful consideration. 

What happens if you are injured in a road traffic accident?

A car crash or other road traffic accident can result in physical injuries, psychological injuries, lost earnings and other losses. If the accident was caused due to someone’s negligence, then you may have a claim for personal injury compensation.

A solicitor will usually need information about what happened, medical treatment, witnesses, photographs, insurance correspondence and financial losses. Those details can help establish both liability and the value of the claim.

Does an accident at work have the same time limit?

An accident at work can also lead to a personal injury claim subject to the general three-year limitation rules. Workplace cases can involve questions about equipment, training, working practices or other matters connected with negligence.

Records can become particularly useful. Accident book entries, photographs, health and safety documents, witness details and medical records may all help establish what happened and the effect of the injury.

What if the injury only becomes serious later?

The law does not simply ask whether symptoms became worse after the accident. The rules can also consider when the injured person became aware, or could reasonably have become aware, of relevant facts about the injury and its cause. 

For that reason, someone who suffered an injury but only later received a diagnosis should obtain legal advice rather than assuming that the claim has automatically expired or that the clock automatically starts from the diagnosis.

Where are personal injury cases dealt with in Scotland?

Personal injury actions can be raised in the Scottish courts. The National Personal Injury Court is based at Edinburgh Sheriff Court and deals with personal injury actions within its jurisdiction. The Scottish Courts and Tribunals Service confirms that personal injury actions can also be lodged in local courts. 

The correct procedure depends on the circumstances and value of the case. A personal injury solicitor can assess the appropriate route before court proceedings become necessary.

Can a solicitor help with a late claim?

If the usual three-year period has passed, a solicitor can examine the accident date, medical evidence, correspondence and other relevant information to establish whether an exception or section 19A argument may apply.

A late claim should not be assumed to have failed, but neither should anyone assume that a court will allow it to proceed. The circumstances and available evidence matter.

How long does a personal injury claim take?

The claims process can take considerably longer than the initial assessment of whether someone may be able to claim compensation. Liability, medical evidence, the extent of recovery and financial losses can all affect how quickly a case develops.

Some claims settle through negotiation without a court hearing. Others may require court proceedings. The final settlement should reflect the evidence available and the losses that can properly be established.

How can SGT Law Firm help with a personal injury claim?

SGT Law Firm provides personal injury legal services in Glasgow and across Scotland, including claims arising from road traffic accidents and accidents at work. 

A solicitor can look at the facts of the accident, consider the relevant time limit and explain what information may be needed to support the claim. More information about SGT Law Firm’s Personal Injury Lawyers Glasgow service for those considering making a personal injury claim.

If you have suffered an injury and are unsure whether you are still able to claim, getting legal advice can help clarify the position before a limitation issue becomes more difficult to address.