What do personal injury solicitors in Glasgow handle?
Personal injury law covers claims for damages where someone has been injured, or has died, because of
another person's negligence or breach of a legal duty. In Scotland the person bringing the claim is
called the pursuer and the person or organisation being sued is the defender. The most common types of
claim are:
-
Road traffic claims, for drivers, passengers, cyclists and pedestrians injured in
collisions.
-
Workplace claims, where an employee is injured because of unsafe equipment, systems
of work or conditions, or develops an illness linked to work.
-
Public liability claims, for injuries in shops, public buildings, on pavements or on
other property, where the occupier or the body responsible may be liable.
Injuries caused by medical treatment are a specialist area with their own rules of proof; see our guide
to medical negligence solicitors in Glasgow. If an
accident at work has also affected your job, an
employment law solicitor in Glasgow can advise on that
side of things.
How does a personal injury claim work in Scotland?
Time limits under the Prescription and Limitation (Scotland) Act 1973
Under section 17 of the Prescription and Limitation (Scotland) Act 1973, a court action for personal
injuries must usually be raised within three years. The three years run from the date of the injury or,
if later, the date when you knew, or could reasonably have known, that the injury was serious enough to
justify a claim, that it was caused by an act or omission, and who was responsible. Any period during
which the injured person was under legal disability because of nonage or unsoundness of mind is not
counted. Under section 19A the court has a discretion to allow a late action where it seems equitable,
but you should never rely on that. Speak to a solicitor well before the three years run out.
The pre-action protocol
For accidents on or after 28 November 2016, a compulsory pre-action protocol applies to personal injury
claims worth up to £25,000 in the sheriff courts, including the All-Scotland Sheriff Personal Injury
Court. The protocol aims to encourage fair and timely settlement before court action. In outline, the
injured person sends a claim form, the defender has up to three months to investigate and say whether
liability is admitted or denied, relevant documents are disclosed, and offers are exchanged before any
court action is raised. The protocol does not apply to claims for clinical negligence, disease or other
professional negligence. Your solicitor will still raise court proceedings if that is needed to protect
your position, for example when the time limit is close.
Which court hears a personal injury claim?
Money claims of £5,000 or less generally use Simple Procedure in the local sheriff court, which is
designed to be quicker and less formal. Claims over £5,000 use ordinary cause procedure in the sheriff
court. Any civil claim with a total value of £100,000 or less must be raised in the sheriff court rather
than the Court of Session.
Many injury claims are raised in the All-Scotland Sheriff Personal Injury Court, based at Edinburgh
Sheriff Court, which has jurisdiction across Scotland for personal injury cases over £5,000 and also
deals with many cases above £100,000. Higher value claims can also be raised in the Court of Session. A
Glasgow claim could therefore be heard at Glasgow Sheriff Court, in the specialist personal injury court
in Edinburgh, or in the Court of Session, depending on its value and your solicitor's advice. If you
were injured in an incident that is also a criminal matter, the prosecution is separate from your civil
claim; see
criminal defence solicitors in Glasgow for how
criminal cases work.
How to choose a personal injury solicitor in Glasgow
Look for a firm that handles your type of claim regularly, explains its funding terms in writing and
keeps you informed about offers. Questions to ask at a first meeting:
-
How much experience do you have with claims like mine, such as road, workplace or public liability
claims?
- What is the time limit in my case, and when will you raise court action if it does not settle?
- Will you act under a success fee agreement, and what percentage of my damages could be taken?
- Which court would my claim go to, and who would appear for me?
- What evidence should I gather now, such as photographs, witness details and medical records?
- How will you advise me on any settlement offer?
Costs, funding and legal aid for personal injury claims in Scotland
Success fee agreements: no win no fee in Scotland
In Scotland, no win no fee arrangements are known as success fee agreements. They are governed by Part 1
of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, with detailed rules in
regulations that came into force on 27 April 2020. Under a success fee agreement you pay no fee, or a
reduced fee, if the claim fails. If it succeeds, the solicitor takes a success fee from your damages,
and the regulations cap how much can be taken, inclusive of VAT and unrecovered outlays. You and your
solicitor can agree a lower cap, but not a higher one. Ask for the agreement in writing and make sure
you understand it before you sign.
Qualified one-way costs shifting
Section 8 of the 2018 Act, in force since 30 June 2021, applies to personal injury claims raised on or
after that date. Known as qualified one-way costs shifting, it means the court must not normally order a
pursuer to pay the defender's expenses if the claim fails, provided the pursuer conducts the case
appropriately. That protection can be lost if the pursuer acts fraudulently, behaves in a manifestly
unreasonable way or abuses the court process.
Legal aid and other funding
Civil legal aid from the Scottish Legal Aid Board may be available for court action if you pass a
financial test and the Board is satisfied that you have probable cause and that it is reasonable to
grant aid. Advice and assistance can cover earlier advice for people on lower incomes, and you may have
to pay a contribution. It is also worth checking whether any insurance policy you hold includes legal
expenses cover. For disputes that are not about injury, such as damage to property only, see
dispute resolution solicitors in Glasgow.
How to read the rankings on this page
Our rankings reflect published evidence about each firm, such as the injury work it describes, how
clearly it explains its funding terms and its regulatory status. They are not a guarantee of any outcome
or level of compensation. Always check a firm directly before you instruct it, and read
how we rank for the full method.