Walker Jack Consultants

Scottish Accident Claims Law

Just as in England, an individual in Scotland who has suffered an injury is entitled to claim compensation for up to 3 years after the accident. The rules governing personal injury claims are similar, but there are some important differences.

In Scotland the claimant is known as the pursuer and the person against whom the claim is raised is the defender. Actions are raised either in the local Sheriff’s Court closest to the scene of the accident, or the Court of Session in Edinburgh. If the amount of damages awarded is below £750 the court will not award the pursuer any legal costs. Such claims are thus best pursued in person by the claimant.

More complex cases requiring the instruction of barristers (advocates in Scotland) will generally go to the Court of Session, for example claims of medical negligence.

In England a case is ready to proceed once it goes to court, but in Scotland investigations can still be conducted after the case has been raised, which can result in delays.

Legal aid for personal injury claims is still available in Scotland providing the pursuer qualifies. If the pursuer does not qualify, then he or she can fund their claim privately or can make a no win no fee accident claim. Legal expenses insurance may be available, but under Scottish law the premium is not recoverable from the defender.

As in England, the pursuer will have to prove that the defender was responsible for the accident, and that the injuries suffered were a direct result of the accident.

Three types of damages can be claimed for, solatium, past and future wage loss and services. Solatium is compensation for pain and suffering and covers non-financial losses. Past wage loss is calculated from the amount of work the pursuer has already missed. Future wage loss is more complicated and is calculated by ascertaining the present annual salary of the pursuer and multiplying this by a figure taken from the Ogden tables. This is usually much lower than the number of years the pursuer might have worked to take into account future investments of the money. Loss of pension rights can also be factored in. Services covers the cost of any assistance the pursuer might need in the future due to the accident. This includes family assistance.

Medical negligence is more complex and requires a report from an independent expert. There must also be a report showing causation. An individual wishing to seek compensation for medical negligence should consult a no win no fee solicitor or no win no fee lawyer specialising in such cases.