subject: Making A Claim For A Personal Injury In Scotland [print this page] Have you suffered a personal injury in Scotland in the last three years? Do you feel that you have been the victim of medical negligence? If this is the case, you may be entitled to make a claim for compensation.
The majority of Scottish solicitors will run your accident injury claim on a no win no fee basis as is the case in England and Wales. The difference is that in Scotland there is not always a guarantee of you receiving 100% of your compensation. The rules pertaining to Scottish solicitors' fees for compensation claims are not as favourable to the client as those rules governing fees for England and Wales. In Scotland most of the costs are payable out of the compensation amount awarded, and are not payable by the third party involved.
In Scotland the claimant is the "Pursuer" whilst the party being actioned is known as the "Defender". Either the local (Sheriff) courts or the Court of Sessions in Edinburgh is where the action will be raised. A Sheriff Court action will be in the court that is the closest to where the incident took place, and there is a limit of 750 damages that will be awarded. Any amount below this and no legal costs for the pursuer will be awarded.
If your claim is more complicated or valuable and you need a barrister (known as an Advocate in Scotland) your action will be raised in the Court of Session. Medical negligence claims are usually more complex in nature and would usually be raised in the Court of Session.
In England a case is generally heard on the day it enters court, but in Scotland the English requirements of pre-trial talks don't exist. Frustrating delays can occur in Scotland because a lot of the investigation is carried out after the action has been raised.
If you qualify, Legal Aid is available for personal injury in Scotland claims. You could choose to go with a solicitor using the no win no fee option or insurance for legal expenses may be available. You need to get several quotes from solicitors to get the best option for you.
The pursuer has to be able to prove that the defender failed in their duty of care towards them, or that the defender didn't comply with their statutory duties. Your injuries must be shown to be the consequence of the defender's failures.
You can claim for things such as compensation for pain and suffering (similar to special damages claims in England and Wales), past and future wage loss and services. Services include the help you need following your injury or the help you provided prior to your injury.
Medical negligence requires solicitors who specialise in that area of personal injury claims.
Be certain of what fees you can expect to pay before you choose your solicitor and commit yourself to a personal injury claim. Ask lots of questions because you need to be comfortable with the person you are entrusting to look after you in the court system.
by: Lawrence White
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