Differences between English and Scottish Personal Injury Claims

There are many subtle differences between English and Scottish personal injury claims, and it is worth being aware of them before launching a claim in Scotland. It is also advisable that you instruct a lawyer with extensive experience of making Scottish personal injury claims, to ensure you receive the maximum amount of compensation for your injuries.

Key differences between English and Scottish personal injury law:

• The vast majority of Scottish personal injury claim cases are concluded outside of the court system.
• If your claim does proceed to court, it will be heard in either the Sherriff Court or the Court of Session.
• When calculating the amount and type of compensation you are eligible to receive, the Scottish courts base their decision on a different set of conditions. Your solicitor must be aware of these subtle differences.
• Scottish personal injury and ‘no win, no fee’ claims are made under something known as ‘delict’ law. It is the equivalent of English tort law but there are significant differences that your solicitor must be aware of.
• In Scotland, you are far less likely to receive 100% of the compensation. Solicitors in Scotland will often take up to 30% of your compensation if you win your case. The amount will be specified in a Conditional Fee Agreement (CFA).

Above all, when claiming compensation for an accident in Scotland, it is essential that you have good legal advice from the point of first inquiry all the way through to the point at which you are engaged with a solicitor and looking to achieve settlement from an insurer.

What can we help you with?

YouClaim can help with all of the following cases. Read about our services via the links below, the only difference is that we would be making your claim via Scottlish law:

Specialists in Scottish personal injury claims

The YouClaim team are thoroughly experienced in Scottish personal injury claims, and will be more than happy to discuss your potential claim during a free, no obligation consultation. We understand the subtle differences between Scottish and English law, and will ensure you are properly compensated for your injuries.

To find out more about the differences between English and Scottish personal injury law, or to speak to an expert solicitor about a potential claim, call us free on 0800 10 757 95 or complete a contact form and we will be in touch.