How It Works

Making a personal injury claim in Scotland is a structured process. Here is what you can expect at each stage.

Getting Started — Three Simple Steps

From your free claim check to specialist advice, the process is straightforward.

Step 1

Tell Us What Happened

Complete our free, secure online form. Tell us about your accident, your injuries, and when it happened. It takes about 5 minutes.

Step 2

Specialist Review

A specialist Scottish solicitor from our partner firm will review your case and advise you on whether you may have a viable claim — at no charge.

Step 3

Your Claim Begins

If you choose to proceed, your solicitor will handle your claim under a speculative fee agreement. You pay nothing if your claim is unsuccessful.

The Full Claims Process

Initial Assessment

After you submit your claim check, a specialist Scottish solicitor reviews your case. They will advise whether you appear to have a viable claim, what type it is, and how it can be funded — typically via a speculative fee agreement.

Evidence Gathering

Your solicitor gathers the evidence needed to support your claim: medical records and expert reports, accident reports and witness statements, and a detailed account of your financial losses.

Letter of Claim

A formal Letter of Claim is sent to the defender (the person or organisation responsible). This sets out the basis of your claim and the losses you have suffered.

Negotiation

The defender's insurers or solicitors respond and your solicitor negotiates to achieve a fair settlement. You can accept or reject any offer made — there is no obligation to accept.

Resolution

If a settlement is agreed, compensation is paid. If not, your solicitor can raise court proceedings in the All-Scotland Personal Injury Court or Court of Session.

Frequently Asked Questions

How long does a personal injury claim take in Scotland?

The timescale depends on the complexity of your case, how quickly liability is established, and how long your recovery takes. Straightforward claims may resolve in a number of months; more complex claims, particularly those involving serious injuries, can take longer. Your solicitor will keep you informed throughout.

Will I need to go to court?

Most personal injury claims in Scotland are resolved through negotiation without a court hearing. However, if the defender denies liability or disputes the value of your claim, court proceedings may be necessary. Many cases that go to court still settle before a full hearing.

What evidence do I need to make a claim?

Key evidence includes medical records and reports, accident or incident reports, photographs, witness details, and records of your financial losses. Your solicitor will guide you on what is needed for your specific case.

Can I still claim if the accident was partly my fault?

Possibly. Contributory negligence under Scots law means that even if you were partly at fault, you may still recover some compensation — but your damages may be reduced in proportion to your share of the fault.

Ready to check your claim?

Our free claim check takes minutes. A specialist Scottish solicitor will review your case with no obligation and no charge.

Check if you can claim