The Claims Process in Scotland: What to Expect

If you’ve been injured in an accident that wasn’t your fault in Scotland, you may be entitled to claim compensation. Understanding how the claims process works can make the experience much less stressful and help you feel more in control.

At Make a Claims, we’re here to guide you through every stage — from your first enquiry to receiving your compensation.

Step-by-Step: How Personal Injury Claims Work in Scotland

Here’s a clear breakdown of what happens when you make a personal injury claim in Scotland:

1. Free, No-Obligation Consultation

The process begins with a free chat about your situation. We’ll ask about:

• How and where the accident happened

• The type of injury you’ve suffered

• Who you believe was at fault

• Any financial losses you’ve experienced

If we believe you have a valid claim, we’ll explain your options and connect you with a specialist Scottish solicitor.

2. No Win No Fee Agreement

Most personal injury claims in Scotland can be handled on a No Win No Fee basis, which means:

• No upfront legal fees

• No legal costs if your claim is unsuccessful

• A pre-agreed fee is only paid if you win

This makes it risk-free to start your claim.

3. Gathering Evidence

Your solicitor will collect the evidence needed to support your claim, including:

• Medical reports

• Witness statements

• Accident reports

• Photographs or CCTV footage

• Financial loss records (e.g. loss of earnings, medical expenses)

This step ensures your claim is as strong as possible.

4. Medical Assessment

You’ll usually attend an independent medical examination to assess the severity of your injuries. This report plays a key role in determining how much compensation you could receive.

5. Valuing Your Claim

Your solicitor will use the medical report, financial records, and compensation guidelines (based on the Scottish Courts’ guidance) to value your claim. This typically includes:

• Solatium (general damages) for pain, suffering, and loss of quality of life

• Special damages for financial losses such as lost earnings, medical costs, travel expenses, and care needs

6. Negotiating a Settlement

Your solicitor will present your claim to the responsible party’s insurer and negotiate on your behalf. In many cases, claims are settled without the need to go to court.

7. Court Action (if Necessary)

If a fair settlement cannot be agreed, your solicitor may raise court proceedings. In Scotland, personal injury claims can be handled in either:

• The Sheriff Court (for most cases)

• The Court of Session (for more serious or higher-value claims)

Most claims are still settled before a full court hearing is needed.

8. Receiving Your Compensation

Once your case is settled, you’ll receive your compensation, minus any agreed legal fees if applicable. Your solicitor will ensure everything is handled efficiently so you can move forward with peace of mind.

How Long Does a Claim Take in Scotland?

Every case is different, but as a rough guide:

• Simple cases can settle in a few months

• More complex or serious cases can take a year or more

Your solicitor will give you a clearer idea based on your individual circumstances.

Why Choose Make a Claims?

At Make a Claims, we offer:

• Free, no-obligation advice

• Fast, friendly guidance in plain language

• Access to experienced Scottish personal injury solicitors

• No Win No Fee options

• Full support through every stage of your claim

We’re here to make claiming as clear, fair, and stress-free as possible.

Start Your Claim Today

If you’ve been injured in an accident in Scotland, don’t wait. Contact Make a Claims for free, confidential advice and find out how we can help you start your claim with confidence.