Processing a Personal Injury Claim in Scotland: The Complete Guide

When you suffer an injury due to someone else’s negligence, making a claim for compensation in Scotland can be a straightforward process — as long as you know what to expect. Understanding the steps involved in processing a claim is key to ensuring you receive the compensation you deserve.

At Make a Claims, we specialise in helping individuals navigate the claims process, ensuring that everything is handled professionally and efficiently from start to finish.

The Journey of Your Personal Injury Claim in Scotland

Filing a personal injury claim can seem daunting, but with the right guidance, it’s a manageable process. Here’s a breakdown of the stages involved in processing your claim.

1. Initial Consultation and Case Evaluation

The first step in processing a personal injury claim is having an initial conversation with a solicitor. During this free, no-obligation consultation, your solicitor will:

• Discuss the circumstances surrounding the accident

• Assess the severity of your injuries

• Determine whether the claim is likely to succeed

Based on this, the solicitor will give you a clear picture of your legal options and what to expect next.

2. Agreement and No Win No Fee Terms

If you decide to proceed with your claim, the next step is to enter into a No Win No Fee agreement with your solicitor. This agreement ensures that:

• You don’t pay anything upfront

• You won’t owe legal fees if your claim is unsuccessful

• You pay a fee only if the claim is successful, typically as a percentage of the settlement

This provides a risk-free way for you to pursue compensation.

3. Gathering and Organising Evidence

Once the claim is underway, your solicitor will begin gathering all the necessary evidence to support your case. This will involve:

• Medical records and reports from specialists

• Witness statements and testimonies

• Photographic or video evidence of the accident scene

• Documents related to financial losses, such as lost wages or additional medical expenses

Strong evidence is essential to prove liability and support the value of your claim.

4. Independent Medical Assessment

For most injury claims, an independent medical assessment is required. This examination helps to:

• Document the extent of your injuries

• Understand the long-term effects of the injury

• Provide an expert report that can be used as evidence in your claim

This step is critical to ensuring that your compensation covers both the immediate and future impact of your injuries.

5. Negotiation with the Insurer

With all the necessary evidence in hand, your solicitor will enter negotiations with the insurance company of the at-fault party. The goal is to reach a fair settlement that compensates you for your injuries and financial losses.

Most claims are settled through negotiation, but if an agreement can’t be reached, your solicitor will discuss the option of court proceedings.

6. Litigation and Court Proceedings (If Necessary)

In cases where a settlement can’t be reached, your solicitor may proceed with raising a claim in court. This involves:

• Filing a claim in the Sheriff Court (for most personal injury claims)

• A possible Court of Session case for more complex or high-value claims

Although court action is rare, it remains an option if the insurer refuses to offer a reasonable settlement.

7. Final Settlement or Court Judgment

Once an agreement has been reached — either through negotiation or litigation — you’ll receive your compensation. The amount will depend on the severity of your injury, your financial losses, and how the accident has affected your life.

Your solicitor will ensure that all funds are transferred and that any legal fees are deducted according to the agreement.

How Long Does the Claims Process Take?

The length of time it takes to process a claim can vary greatly depending on:

• The complexity of the case

• Whether liability is disputed

• The need for expert reports or additional evidence

On average, simple claims may take a few months, while more complex cases can take 12 months or longer. Your solicitor will provide a clearer timeline based on your specific situation.

Why Choose Make a Claims?

At Make a Claims, we pride ourselves on making the claims process clear and hassle-free. We offer:

• Free, no-obligation consultations

• Experienced Scottish solicitors with a focus on personal injury

• No Win No Fee agreements to ensure no financial risk

• Full support at every stage of the process, from start to finish

We’re dedicated to helping you get the compensation you deserve.

Get Started with Your Claim Today

If you’ve been injured in an accident in Scotland, don’t wait to seek legal advice. Contact Make a Claims today for free, confidential advice and let us guide you through the claims process with confidence.