If you’ve suffered an injury that wasn’t your fault, the personal injury claims process offers a route to justice and financial compensation. Whether your accident occurred in a public space, on the road or at your workplace, understanding your legal rights is essential.
Watermans is proud to have a team of straightforward personal injury lawyers who provide clear, tailored legal advice to guide you through each stage of your injury claim. We’re here to ensure the process is smooth, transparent and stress-free, helping you secure the personal injury compensation you deserve.
Explore our help & advice page for expert personal injury claim compensation advice and tips.
What the Personal Injury Claims Process Involves
Making a personal injury claim in Scotland begins with understanding your rights and the responsibilities of those who may be liable. Personal injury law protects individuals who suffer physical or mental harm due to another party’s negligence. This law allows them to seek compensation for their financial and psychological losses.
A typical personal injury compensation claim will involve:
- Establishing who is at fault and whether they admit liability
- Gathering medical evidence and witness statements
- Undergoing a medical assessment to determine the severity of your injuries
- Calculating financial losses, including medical treatment costs or lost wages
- Negotiating a settlement amount with the insurance company or legal representatives
- Initiating court proceedings if an out-of-court settlement is not possible
Most claims are resolved via an out-of-court settlement. However, if the at-fault party refuses to accept liability or offers insufficient compensation, your legal team may recommend pursuing a court hearing.
Common Types of Personal Injury Claims
At Watermans, we support compensation claims across a range of circumstances. From everyday accidents to complex or sensitive cases, our legal experts understand how different injuries affect your physical, emotional and financial well-being.
Road Traffic Accident
Among the most common personal injury claims, these involve collisions where drivers, passengers, cyclists or pedestrians are harmed due to another party’s negligence. We assist with a range of road traffic accidents, including hit-and-run accidents, accidents involving young drivers and taxi driver accidents.
Accidents in Public Places
Often linked to poor maintenance, these include slips, trips or falls on pavements, in shopping centres or in other public spaces. Local authorities or businesses may be held responsible.
Cosmetic Surgery and Non-Surgical Cosmetic Procedures
This includes botched surgery, inadequate aftercare, insufficient pre-procedure testing, failure to maintain proper hygiene standards and defective product use.
Workplace Injuries
Employees may suffer injuries due to unsafe equipment, poor training, or non-compliance with health and safety regulations. Employers have a legal duty to protect their staff. We handle industrial disease compensation claims, ladder accidents, forklift accidents, construction site and factory accidents and more.
Criminal Injury Claims
You may be entitled to compensation even if the perpetrator wasn’t caught, through the Criminal Injuries Compensation Authority (CICA).
Dog Bites
Dog owners must control their pets. If a dog bite causes injury, you may be able to claim compensation for physical and emotional harm.
Horse Riding Accidents
These may result from faulty equipment, poor instruction, horse kicks or failure to warn riders of known risks. Liability could rest with the stable, trainer or landowner.
Even minor injuries may qualify for compensation that covers visible injuries, pain, suffering and future medical costs. Fast-track claims can resolve straightforward cases quickly, usually within a few months. More complex cases may require further investigation and expert guidance.
Key Legal Principles for Personal Injury Claims in Scotland
Scots law provides a clear framework for personal injury claims, helping to establish the rights and legal responsibilities of the party at fault. These principles guide the assessment of claims, who is liable, and what types of compensation may be available.
Three-Year Time Limit
Claims must be made within three years from when the accident happened or when you became aware of the injuries. Should you not initiate legal proceedings within this timeframe, you could lose your right to personal injury compensation in Scotland. There are, however, a few exceptions to this rule:
- Children: For individuals under 16, the three-year time limit doesn’t commence until their 16th birthday.
- Lack of mental capacity: If the injured person lacks mental capacity, there is no time limit for filing a claim. However, it does apply once they regain mental capacity.
- Criminal Injuries: Claims via the Criminal Injuries Compensation Authority typically have a two-year time limit from the date of the incident.
- Historic Abuse: Survivors of childhood abuse are not subject to a time limit when bringing a claim in Scotland.
- Court Discretion: In exceptional circumstances, such as severe illness or bereavement, courts may allow claims to proceed even if the standard time limit has expired.
Given the complexities and potential exceptions, seeking legal advice promptly ensures your claim is filed within the appropriate timeframe.
Employer Obligations
Under health and safety regulations, employers have a legal duty to ensure a safe working environment and promote well-being. Failure to comply may result in liability for any injuries that may occur.
Public Liability
According to the Occupiers’ Liability Act (Scotland) 1960, local authorities and businesses are responsible for maintaining safe public spaces.
Compensation Rules
Compensation may cover general damages (such as pain and suffering) and special damages (including loss of earnings and medical costs).
Motor Insurers Bureau (MIB)
The MIB supports claims where the at-fault driver is uninsured or cannot be traced, helping injured parties pursue compensation.
Claimant Considerations
Before making a claim, ask yourself:
- Has the accident occurred within the last three years?
- Do I have photos of the scene of the accident, and my injuries?
- Do I have any other details relevant to the claim, like a vehicle registration number in the case of a road traffic accident or the name of any third parties involved?
- Have I sought medical treatment or undergone a medical assessment?
- Have I experienced financial losses related to the injury?
To give yourself the best chance of a successful outcome, here are some important dos and don’ts to keep in mind:
Do:
- Keep detailed records of medical appointments, expenses, and communications with medical experts to help support your claim.
- Follow your doctor’s advice and complete any recommended treatments.
- Be careful with what you post online. Insurers may monitor your social media.
- Keep a record of your payslips after the accident. This makes it easier to calculate potential wage loss.
Don’t:
- Delay seeking legal advice—act as soon as possible.
- Exaggerate or fabricate details of your injury.
- Accept a compensation settlement without speaking to a solicitor. Early offers may undervalue your claim.
- Make up compensation costs.
These precautions can help avoid common pitfalls and strengthen your case to get the compensation you deserve.
Contact personal injury solicitors for expert advice tailored to your circumstances.
What to Do Next
If you think you may be eligible to claim, follow these steps:
- Speak to a solicitor: Book a free initial consultation with Watermans to assess your case.
- Provide evidence: This includes medical reports, photos, receipts, and witness details.
- Attend a medical assessment: A medical expert, organised by your solicitor, will produce a report outlining your injuries and recovery plan.
- Let us handle the legal work: From pre-action protocols to court dates, our team manages every step of the process.
Most claims are settled without the need for court proceedings, but we’ll always be prepared to escalate if necessary. We also seek interim payments to ease financial pressure during your recovery.
Several factors can influence how much compensation you receive:
- Severity & duration of injury: More serious or long-lasting injuries typically result in higher compensation.
- Impact on daily life: If your injuries affect your ability to work or care for yourself, this can increase your claims value.
- Financial losses: Loss of earnings, medical expenses, and other out-of-pocket costs are considered.
- Psychological Effects: Emotional distress or mental health issues stemming from the injury can be factored into your compensation settlement amount.
- Contributory negligence: If you are found partially at fault for the incident, your compensation may be reduced accordingly.
Knowing these factors can help set realistic expectations and ensure you receive fair compensation for your injuries.
Begin your claim online or reach out to our team to get started. Our specialist solicitors support you every step of the way.
Frequently Asked Questions
What’s the difference between a claims management company and Watermans?
Claims management companies often act as a middleman between the injured party and the law firm, managing the claims process. Watermans provides legal advice, representation and litigation support throughout key stages. Our services also extend beyond personal injury claims.
Can I make a claim myself?
Yes, you can handle your own claim without professional representation. This involves directly contacting the responsible party or insurer, gathering evidence, and negotiating a final settlement. While this approach can save on legal fees, it requires a good understanding of legal procedures and the ability to effectively advocate for yourself.
Can I make a personal injury claim on someone else’s behalf?
Yes, in some circumstances. You can claim on behalf of a child under 16 or an adult who lacks mental capacity. In these cases, the court may appoint you to act in their best interest. This is done through a power of attorney or a guardianship order.
Do I need to go to court to settle my personal injury claim?
Not necessarily. Most personal injury claims are resolved through negotiation or an out-of-court settlement. However, if the other party denies liability or won’t offer a fair settlement, court proceedings may be necessary.
What is a conditional fee agreement?
Also known as “no win, no fee”, a conditional fee agreement means you won’t pay legal fees unless your claim is successful. This arrangement provides access to legal support without upfront fees.
Will I get compensation before my personal injury claim is settled?
In some cases, yes. Interim payments may be available if the other party admits liability early on and your claim is ongoing. These payments help cover immediate expenses, such as medical care or lost income.
What happens if the other party denies fault?
In this case, we gather all the evidence to support your claim, consult medical experts, and pursue court proceedings if a fair settlement is not offered.
Watermans: Straightforward Legal Advice in Personal Injury Claims
At Watermans, we do more than process claims. We provide straightforward, experienced legal support from day one. With offices in Edinburgh, Glasgow and Dundee, we’ve helped clients across Scotland recover compensation quickly and confidently.
We are a full-service law firm and estate agency, offering a wide range of legal services and specialist solicitors. Our services include:
- Personal injury claims
- Estate agency
- Conveyancing
- Wills, trusts & succession planning
- Commercial leasing
Our team is dedicated to making the legal process as straightforward and stress-free as possible. We ensure you receive clear advice and effective representation throughout your case.
Why choose Watermans?
- Free initial consultation and no win, no fee representation
- Over a decade of experience in Scottish personal injury claims
- Transparent advice and no hidden legal fees
- Fast-track capability for minor injury claims
- Full support with evidence gathering, medical appointments and more.
Ready to claim what you’re owed? Speak to Waterman’s legal experts today and take the first step toward compensation.