Frequently Asked Questions

In Scotland, you generally have 3 years from the date of your accident to start a claim, under the Prescription and Limitation (Scotland) Act 1973. For industrial diseases or conditions that develop gradually, the 3-year period runs from when you knew, or ought to have known, that your condition was caused by the defender's actions. For children, the period does not begin until their 16th birthday. It is important to seek advice as early as possible.

Yes. We only connect people with specialist Scottish solicitors for claims governed by Scots law. We do not handle claims in England, Wales, or Northern Ireland, which are subject to different legal systems and legislation.

In Scotland, the formal term is a speculative fee agreement. Under this arrangement, you pay nothing to your solicitor if your claim is unsuccessful. If you win, the solicitor is paid a fee including an agreed success fee. Qualified one-way costs shifting (QOCS) under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 also means that in most cases, you are protected from having to pay the defender's costs if you lose.

Compensation depends on the specific facts of your case — the nature and severity of your injury, your recovery, the financial losses you have suffered, and other factors. It is not possible to give a reliable estimate without understanding the details of your claim. Our partner solicitors can provide a more informed assessment after reviewing your circumstances. We never guarantee any outcome.

Making a personal injury claim for a workplace accident is your legal right. Dismissing you or treating you less favourably because you have made a claim could give rise to a separate employment law claim. Your employer's insurers — not the employer directly — typically handle workplace injury claims.

The term "Pursuer" is the Scots law equivalent of "claimant" in England and Wales — it refers to the person bringing a court action. The person or organisation being sued is the "defender" (not "defendant"). These are Scottish legal terms reflecting the distinct Scots law system.

Possibly, yes. In Scots law, the principle of contributory negligence means that even if you were partly responsible for the accident, you may still be able to recover compensation — but your damages could be reduced by the proportion of fault attributed to you. This is a fact-specific question that your solicitor can advise on.

For road traffic accidents involving uninsured or untraced drivers, the Motor Insurers' Bureau (MIB) operates a scheme that may allow a claim to proceed even without a traceable insurer. For workplace accidents, employers are legally required to hold employers' liability insurance. Your solicitor can advise on the options available in your specific circumstances.

Most personal injury claims in Scotland are resolved through negotiation and do not proceed to a full court hearing. However, if the defender denies liability or the parties cannot agree on the value of the claim, court proceedings may be necessary. Court proceedings do not always result in a trial — many cases settle after proceedings are raised.

Use our free, no-obligation claim check form. Provide details of your accident, injuries, and circumstances, and a specialist Scottish solicitor from our partner firm will review your case and advise you on the next steps. There is no charge for this initial assessment and no obligation to proceed.

Yes. Recognised psychological conditions such as post-traumatic stress disorder (PTSD), depression, or anxiety caused by an accident may form part of a personal injury claim — either alongside physical injuries or on their own in appropriate cases.

The All-Scotland Personal Injury Court is a specialist court based in Edinburgh that handles personal injury cases from across Scotland, regardless of where the accident occurred or where the pursuer lives. Higher-value or more complex claims may be raised in the Court of Session, also based in Edinburgh.