Compensation claims enable you to recover financial loss for injury or loss caused by someone else's negligence. If you have been injured in an accident, become ill due to your employment or received inadequate medical treatment, you may have a claim. At Thompsons we will tell you without delay whether you do or not.
We work exclusively for injured parties and their families. We have never, and will never, act on behalf of an employer or insurer. All of the compensation claims that we accept are on a no win, no fee basis, which means you pay nothing if your case fails.
We win over 90% of our personal injury cases and recover more than £1 million every week for clients across Scotland.
Seonaid Brophy
Seonaid Brophy
"Compensation claims are calculated using expert evidence to make a causal link between the accident circumstances and the injury sustained."
If you are considering making a compensation claim, you will want to know the practicalities of beginning such a claim, what you are likely to obtain, and the cost to you. We discuss all of these factors below or you can call us on 0800 0891 331 for a free, no-obligation consultation with one of our personal injury solicitors.
What can you claim compensation for?
We handle all types of personal injury work and have dedicated teams for each. The most common compensation claims that come through our doors include:
Road traffic accidents: Collisions where you were the driver, a passenger, a cyclist, a motorcyclist or a pedestrian and another party was at fault. Injuries range from whiplash and soft tissue damage to fractured bones, head injuries and long-term psychological harm following car crashes.
Accidents at work: Your employer is under a legal obligation to provide a safe working environment. When that obligation is breached through poor training, defective equipment, lack of maintenance or unsafe conditions, you can bring a claim. Slipping and tripping, falls from height and manual handling injuries are all common cases we handle.
Industrial disease: Prolonged exposure to dangerous substances or conditions at work can result in disease many years after the exposure stops. We are experts in mesothelioma and asbestosis, and also handle claims for noise-induced hearing loss, vibration white finger and respiratory disease.
Medical and clinical negligence: Surgical mistakes, misdiagnosis, late treatment, injuries to mothers and babies - if you have been negligently treated by the health service and left in a worse position, you can claim compensation against the responsible health board or practitioner.
Criminal injuries: Victims of violent crime in Scotland are able to claim through the Criminal Injuries Compensation Authority (CICA). However, in some cases, they are able to make a civil claim against the person responsible.
Serious and life-changing injuries: Brain injuries, spinal cord damage, amputations and other catastrophic injuries demand specialist legal handling. Our serious injury lawyers secure the financial support people need for long-term rehabilitation, ongoing care and future loss of earnings.
How do compensation claims work in Scotland?
Scotland has its own legal system, with its own courts, its own procedures and its own body of case law. That matters, because the rules that apply to your claim are Scottish rules, not English ones. The usual sequence of events is:
- Free initial consultation: You speak with one of our personal injury solicitors, who will listen to what happened and give you an honest assessment of whether you have a case worth pursuing. There is no charge and no obligation.
- Investigation: Your solicitor collects the evidence needed to establish liability and this includes accident reports, witness statements, CCTV footage, employer records and medical notes. In some cases an independent expert will be instructed to give evidence on the cause of the accident.
- Medical evidence: A medical expert independent of the insurer examines you and produces a report on your injuries, the treatment you have received and your prognosis. This becomes the basis of what your claim is worth.
- Negotiation: Using the evidence, your solicitor presents your claim to the other party, generally their insurance company, and attempts to settle the matter. Most compensation claims are resolved at this stage without the need for a court hearing.
- Court proceedings: If no fair settlement can be agreed, your solicitor begins proceedings in the Scottish courts. Thompsons' lawyers have the litigation experience to pursue a case through to the end if that is what it takes.
We run every compensation claim on a no win, no fee basis. If your case is unsuccessful, you do not pay our legal fees. Read more about what a claim will cost.
How much Compensation could you receive?
There is no fixed tariff when it comes to compensation claims in Scotland. The amount depends on the particular circumstances of your case, but compensation usually falls into two parts:
General damages: The court awards compensation for pain, suffering and loss of amenity caused by your injuries. This is based on the Judicial College guidelines and past awards in similar cases. A straightforward whiplash injury that subsides within a year will draw a very different award from a brain injury that affects someone for the rest of their life.
Special damages: These cover the actual financial losses that result from your injury. This can include earnings lost by being unable to work (and future earnings if you cannot return to your previous role), the expense of medical treatment and rehabilitation, travel to hospital appointments, the cost of care provided by family members, and any modifications to your home or vehicle.
Our solicitors work alongside medical, employment and financial experts to make sure nothing is missed. Find out more about how much compensation you could receive.
Time limits for making a claim
In Scotland, the standard limitation period for a personal injury claim is three years. The clock usually starts on the date of the accident, or on the date you first became aware that your injury was linked to someone else's fault.
There are exceptions:
- Children: The three-year limitation period does not begin until the child turns 16. A parent or guardian can bring a claim on their behalf before that date.
- Lack of capacity: Where the injured person does not have the mental capacity to instruct a solicitor, the limitation period is suspended for as long as that incapacity continues.
- Industrial disease: The three-year period generally starts from the date of diagnosis or from when a doctor first told you that your condition was connected to your work.
Even if you think you have time, evidence degrades and memories fade. Getting advice sooner puts you in a stronger position. If you are not sure whether you should make a claim, speak to us and we will tell you where you stand.
Why choose Thompsons for your compensation claim?
We have been fighting for injured people in Scotland since 1979. And there are three elements that set us apart:
- We are claimant-only: We do not act for insurers, employers or anyone on the other side. That is not a catchphrase - it is a principle we have held to for more than four decades. When you instruct Thompsons, there is no conflict of interest.
- We have trade union roots: We were founded to serve working people through their unions, and that relationship remains strong. If you are a trade union member, your union may be able to instruct us on your behalf at no cost to you.
- We practise Scottish law every day: Our solicitors know the Scottish courts, Scottish procedure and Scottish case law. That local expertise makes a real difference when liability is disputed or your claim goes to court.
We understand that contacting a solicitor following an injury is not something anyone looks forward to. Our compensation claims solicitors are understanding and approachable, and will do their utmost to obtain the maximum amount of compensation for you, as quickly as possible.
We have offices in Glasgow, Edinburgh, and Dundee.
Frequently asked questions
Injured through no fault of your own? Call us on 0800 0891 331 for a free, no-obligation conversation about your compensation claim. You can also start your claim online.
