Understanding Personal Injury Law in Scotland
Scotland has a distinct legal system from the UK as a whole and this applies to dealing with claims for personal injury in Scotland. Scots Law dictates procedures for raising action, dealing with evidence and calculating damages, and it is not the same as English law. It isn't a variant of the law, it is a law in its own right.
If you have been injured in an accident in Scotland, your claim falls under Scottish procedures. With this in mind, you need a solicitor who is qualified in Scots Law and any No Win No Fee Agreement must be in accordance with the Scottish funding rules. Getting this wrong at the outset can cause significant problems down the line. Selecting the right solicitors in Scotland, matters.
Claiming Personal Injury Compensation in Scotland
Thompson’s can handle Scottish accident compensation claims across many different injuries and illnesses.
Seonaid Brophy
Seonaid Brophy
"Compensation claims are calculated using expert evidence to make a causal link between the accident circumstances and the injury sustained."
Some of the most common personal injury claims we work with include:
- Accidents at work
- Road accidents
- Industrial diseases
- Defective products, such as faulty breast implants
- Accidents and illness abroad
We have dealt with claims from across Scotland. We have vast on-the-ground experience and know the intricacies. For example, in areas such as Clydeside and Greater Glasgow, claims for asbestos-related disease are prevalent, which reflects the industrial past of that area. While the tram track works in Edinburgh have been responsible for a rise in cycling-related injury claims.
How to make a personal injury claim in Scotland
Have you been injured through someone else's fault? Here are the steps we suggest you take to ensure the best possible results from your personal injury claim in Scotland:
- Get medical help: Your health is the priority. The medical records from your treatment will also serve as evidence later.
- Report it: If you experienced a road accident it is vital that you report this to the police. If it occurred at work it is just as important to report it to your employer. Make sure to do this as promptly as possible.
- Collect evidence: This includes witness names, photographs of the scene, and any incident reports or documents you can get hold of.
- Speak to a solicitor: A personal injury lawyer who knows Scots Law can assess whether you have a claim and will walk you through the entire claims process.
It is important to note that even if you were partly to blame in the accident, you may still be awarded compensation. The law calls this contributory negligence, and it's a reduction of your award, by the percentage of blame you are responsible for. However, it doesn't mean you get no compensation.
Thompsons Solicitors: A leading personal injury law firm in Scotland
Thompsons Solicitors was launched in Edinburgh in 1979. Today, we have offices in Glasgow, Edinburgh, Dundee and the Borders, and are of the largest Scottish personal injury practices. We act for claimants of all backgrounds, from those with minor injuries through to those with traumatic, life-threatening, and life-changing injuries.
A history of campaigning for justice in Scotland
We don't just take on individual cases, we campaign for justice. Over the years, we have been involved in some of Scotland's most significant legal actions and public inquiries including:
- The Piper Alpha tragedy
- The Fife crematorium baby ashes scandal
- The sex abuse in Scottish football scandal
- Care home historic abuse claims
- Edinburgh tram track cycling accidents
No Win No Fee: Ensuring Access to Justice
Financial difficulties should never prevent a person from pursuing a legitimate personal injury claim. We work on a No Win No Fee basis which means there are no legal costs involved in putting forward a claim. If you win your case, a pre-agreed part of your settlement will go to cover our fees and if you don't win, then you won't need to pay us anything.
We will guide you through each step of your claim, from your first phone call through to settlement. There are also never any hidden or unexpected charges. With Thompsons you are able to pursue your compensation claim knowing exactly where you stand.
Why Choose Thompsons Solicitors?
- High success rate: We win more than 9 out of 10 personal injury cases we take on.
- Real financial recoveries: We recover over £1 million every week for our clients.
- Experienced solicitors: Our team is fully committed to getting the maximum compensation that the evidence supports.
- Offices across Scotland: Glasgow, Edinburgh, and Dundee. We are where you need us.
Time Limits for Personal Injury Claims in Scotland
In Scotland you normally have three years from the date of the accident to bring proceedings for a personal injury claim. For industrial diseases such as mesothelioma, three years is usually counted from the date of the diagnosis rather than the date of exposure to asbestos, as symptoms can take decades to appear.
It is also important to note that different rules apply for children and they have three years from their 16th birthday to bring forward proceedings. Where the injured person lacks mental capacity, there is no limitation period.
Don't leave it too late. Contact Thompsons Solicitors today.
Frequently asked questions
Contact us today
If you or someone close to you has been injured through another person's negligence, our team at Thompsons Solicitors is ready to help. Call us to talk through what happened and we'll tell you honestly whether you have a case worth pursuing.
