Litigation in Personal Injury Claims: What It Means in Scotland
When you’ve been injured in an accident that wasn’t your fault, your first step is usually to seek compensation through negotiation with the responsible party or their insurance company. However, if a fair agreement can’t be reached, your case may move to litigation.
At Make a Claims, we aim to resolve claims as quickly and smoothly as possible — but when litigation becomes necessary, we’re here to guide and represent you through the process.
What Is Litigation?
Litigation is the legal process of taking a claim to court when parties involved cannot agree on a fair settlement. In personal injury cases, this means formally presenting your claim before a Scottish court, where a judge will review the evidence and decide the outcome.
Litigation is often seen as a last resort, but in some cases, it’s the only way to secure fair compensation.
When Is Litigation Necessary?
Most personal injury claims in Scotland settle without going to court. However, litigation may be necessary if:
- The other party denies liability for your injury.
- The compensation offer made by the insurer is unreasonably low.
- The case involves complex circumstances or high-value claims that require court involvement.
- The three-year time limit is approaching and court action must be started to protect your right to claim.
Your solicitor will always advise whether litigation is in your best interest based on the circumstances of your case.
The Litigation Process in Scotland
If your personal injury claim proceeds to litigation, here’s how the process typically works:
1. Case Preparation
Your solicitor will gather all necessary evidence, including:
- Medical reports
- Witness statements
- Financial records of lost earnings and expenses
- Expert opinions, if needed
A formal legal claim will then be drafted and lodged with the appropriate Scottish court, typically the Sheriff Court or Court of Session for high-value cases.
2. Serving the Claim
The claim is officially served on the responsible party (the defender) and their insurer, giving them the opportunity to respond.
3. Court Proceedings
If the case proceeds:
- Both sides will exchange evidence and legal arguments.
- Witnesses and experts may be called to give evidence in court.
- A judge will hear the case, review the evidence, and deliver a decision.
4. Court Decision
The judge will decide:
- Whether the defender is liable for your injury.
- How much compensation you are entitled to receive.
If successful, the court will issue a judgment requiring the defender to pay the awarded sum.
Is Litigation Risky?
While litigation introduces some uncertainties — as the outcome is in the hands of the court — your solicitor will carefully assess your chances of success before proceeding.
At Make a Claims, many of our clients benefit from No Win No Fee agreements, meaning you won’t have to pay legal fees unless your case is successful, reducing the financial risk involved.
Can a Case Settle During Litigation?
Yes — many claims settle during the litigation process, sometimes even just days before the court hearing. The start of court proceedings often encourages insurers to make fairer settlement offers, particularly when your solicitor has presented strong evidence.
How Make a Claims Supports You Through Litigation
If your case requires litigation, Make a Claims will:
- Provide clear, honest advice about your case’s prospects.
- Handle all paperwork, evidence gathering, and court submissions.
- Represent you in court with experienced solicitors.
- Keep you informed at every stage of the process.
- Work under No Win No Fee agreements wherever possible.
Our goal is to ensure you receive fair treatment and maximum compensation, whether through negotiation or the courts.
Speak to Us About Litigation and Your Injury Claim
If you’re facing challenges with your personal injury claim, or believe litigation might be necessary, contact Make a Claims today. We offer free consultations to discuss your case and explain your options.
You don’t have to face this alone — our experienced personal injury solicitors in Scotland are here to fight for the outcome you deserve.