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Scottish Injury Litigation

Personal Injury & Medical Negligence Claims

Experienced Advocacy for Accident Victims in Scotland

If you have suffered an injury in Scotland through another party’s negligence, breach of statutory health and safety regulations, or clinical error, you are legally entitled to full compensatory damages under Scots Law.

At Torquil Macleod & Co, our personal injury litigation solicitors in Inverness and Glasgow have recovered millions in damages for injured individuals and their families. We understand that an accident impacts every facet of your life—from immediate medical care and lost earnings to emotional distress and long-term care needs.

We represent clients before the All-Scotland Sheriff Personal Injury Court (ASSPIC) in Edinburgh, local Sheriff Courts throughout the Highlands and Central Belt, and the Court of Session.

No Win No Fee Funding Available

Zero Financial Risk

We offer Speculative Fee Agreements (No Win No Fee) backed by After the Event (ATE) legal expenses insurance. If your claim is unsuccessful, you pay no legal fees whatsoever. We advance all initial medical report fees and court outlays on your behalf.

Free Case Assessment

Key Areas of Practice & Representation

Road Traffic Accidents (RTA)

Compensation for drivers, passengers, motorcyclists, cyclists, and pedestrians injured on Scottish roads and rural Highland highways.

  • Severe spinal, head, and orthopaedic trauma compensation
  • Motor Insurers’ Bureau (MIB) claims for uninsured or hit-and-run drivers
  • Interim payment requests to cover immediate lost income
  • Reimbursement of private physiotherapy and vehicle damage costs

Workplace & Industrial Accidents

Holding employers accountable under Health and Safety at Work statutes for construction, agriculture, offshore, and factory injuries.

  • Falls from height, scaffolding failures, and defective machinery
  • Inadequate PPE (Personal Protective Equipment) claims
  • Agricultural machinery and forestry harvesting accidents
  • Industrial disease: vibration white finger (HAVS), noise-induced hearing loss

Public Liability & Slips/Trips

Claims against local councils, commercial landlords, retail stores, and premises operators under the Occupiers' Liability (Scotland) Act 1960.

  • Icy pavements and ungritted commercial car park slips
  • Defective public footpaths, potholes, and broken council pavements
  • Supermarket spills and unlabelled wet floor hazards
  • Accidents in hotels, restaurants, and leisure facilities

Medical & Clinical Negligence

Complex clinical claims against NHS Scotland health boards and private practitioners for substandard medical treatment.

  • Surgical errors, delayed cancer diagnosis, and misread scans
  • Birth injury and cerebral palsy claims
  • Prescription errors and hospital-acquired infections
  • Fatal Accident Inquiry (FAI) representation

5 Steps to Securing Your Injury Compensation

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1. Free Case Review

Evaluating accident circumstances, liability prospects, and initial compensation range.

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2. Medical Evidence & Quantum

Instructing top independent medical consultants to document your injuries and prognosis.

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3. Schedule of Loss

Calculating past and future wage losses, pension losses, care costs, and solatium.

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4. Insurer Negotiation

Demanding formal settlement from the at-fault party's insurance company.

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5. Court Representation

Raising court proceedings in ASSPIC or Court of Session if insurers fail to offer fair value.

Heads of Claim in Scottish Personal Injury Law

Statutory overview and comparative framework under Scots Law

Head of Damage Description / Calculation Basis Examples Included
Solatium (Pain & Suffering) Compensation for physical pain, mental distress, and loss of amenity Judicial College Guidelines tariffs
Past Wage Losses Net earnings lost from accident date to settlement day Overtime, bonuses, and statutory sick pay offset
Future Loss of Earnings Loss of earning capacity if unable to return to previous career Ogden Table multiplier / multiplicand calculation
Section 8 Services Claims Compensation for personal care provided by family members Assistance with cooking, dressing, cleaning, transport
Out-of-Pocket Expenses All direct financial costs caused by the accident Prescription fees, travel to hospital, adapted vehicle

Strict 3-Year Time Limitation in Scotland (Prescription and Limitation Act 1973)

In Scotland, court proceedings for personal injury must be formally raised within 3 years of the date of the accident (or date of knowledge for medical negligence/disease). Missing this deadline forfeits your claim forever. We urge you to contact us as early as possible.

Preserving Crucial Evidence

CCTV footage, police reports, and witness contact details can disappear within weeks of an accident.

Interim Compensation Payments

We can secure substantial interim payments from insurers before final settlement to pay your bills.

Frequently Asked Questions

How is personal injury compensation calculated in Scotland?

Compensation comprises two parts: General Damages (Solatium) for the physical/mental injury, and Special Damages for quantifiable financial losses (wages, medical expenses, care costs).

What is ASSPIC?

ASSPIC is the All-Scotland Sheriff Personal Injury Court located in Edinburgh, which has specialist judges and nationwide jurisdiction over all Scottish personal injury claims valued over £5,000.

Will I have to go to court?

Over 90% of personal injury cases are settled through negotiation with insurance companies without the need for a full court trial.

Can I claim on behalf of a child?

Yes. Parents or legal guardians can claim as "guardian" for children under 16. The 3-year limitation clock only begins on the child’s 16th birthday.

Transparent Fees & Retainer Options

Most claims are funded under our No Win No Fee agreement. If your claim succeeds, the opposing insurer pays the majority of your legal costs.

Instructing Partner

Robins Simon

Associates Partner

Direct partner supervision on all Scottish matters across our Inverness and Glasgow offices.

Schedule Call with Partner