Injured in Scotland? How Scottish injury claims differ

There are many variations between English and Scottish law for personal injury cases; many of them are very subtle, but it is worth bearing them in mind before you make a claim in Scotland.

It’s also wise you choose a lawyer who has a good deal of experience with Scottish injury claims, so you receive the compensation you deserve for your injuries.

The main differences between English and Scottish personal injury claims:

  • Most Scottish injury claims reach their conclusion outside of court.
  • If your claim is one of the few cases to proceed to court, it will either be heard in the Sheriff Court (most likely) or the Court of Session (rarer).
  • When calculating how much compensation you are entitled to receive and the type of compensation available to you, the courts will base their final decision on a specific set of conditions, which are different from English law. Your solicitor should be aware of these differences, as they will affect your claim.
  • ‘No win, no fee’, and all Scottish personal injury claims are made under what is known as ‘delict’ law, which is basically akin to English tort law but again, with significant differences which could affect your claim.
  • When claiming for personal injury in Scotland, you’re far less likely to receive 100 per cent of the compensation you could be entitled to, as Scottish solicitors can take as much as 30 per cent of that compensation if your case wins. Pay attention to your Conditional Fee Agreement (CFA) as it will specify the percentage the solicitor will take.

Make A Claim

The most important thing to remember when claiming compensation for a personal injury or accident in Scotland, is that good legal advice is critical, from your very first enquiry, all the way to when your claim reaches its conclusion in or out of court.

PHC Law Ltd. has a 98% accident claims success rate, with over 100 years experience as one of the UK’s most reputable compensation claims firms. If you’ve been involved in an accident in Scotland, contact us today.