Brain injury claims Scotland
A brain injury can change everything. Whether caused by a road accident, a fall, a workplace incident or medical negligence, the consequences for the injured person and their family are often severe and long-lasting. If your brain injury was caused by someone else's negligence, you have the right to claim compensation under Scots law.
This guide explains who can claim, how much compensation may be available, and how the process works in Scotland.
TL;DR: You have three years from the date of your accident to start a brain injury claim in Scotland. Claims are handled on a No Win No Fee basis, meaning you pay nothing if your claim is unsuccessful. Call 0800 123 4567 for a free, no-obligation assessment.
Can you make a brain injury claim in Scotland?
To make a successful claim, you need to show three things:
- Another person or organisation owed you a duty of care
- They breached that duty through negligence or wrongful act
- That breach directly caused your brain injury
Brain injuries arise in many different circumstances, and the duty of care varies depending on the situation. The most common scenarios are road traffic accidents, accidents at work, slips and falls in public places, and medical negligence.
If you are unsure whether your injury was caused by someone else's fault, speak to a solicitor. Many people with valid claims initially assume they have no case.
What causes brain injuries that lead to a claim?
Road traffic accidents
Head and brain injuries are among the most serious consequences of road accidents. Traumatic brain injuries (TBIs) can result from the head striking a steering wheel, dashboard, window or road surface. Even where a seatbelt is worn, the force of a collision can cause the brain to move inside the skull, resulting in a diffuse axonal injury without any external impact.
Accidents at work
Employers in Scotland have a duty to provide a safe working environment under the Health and Safety at Work Act 1974 and associated regulations. Brain injuries at work can result from falls from height, being struck by falling objects, machinery accidents, or inadequate personal protective equipment.
Slips, trips and falls
Falls on poorly maintained pavements, wet floors without warning signs, or uneven surfaces can cause serious head injuries. Claims are brought under the Occupiers' Liability (Scotland) Act 1960, which requires occupiers to take reasonable care for the safety of visitors.
Medical negligence
A brain injury caused by negligent medical treatment may give rise to a clinical negligence claim against NHS Scotland or a private healthcare provider. Examples include delayed diagnosis of a stroke, surgical error, or birth injury causing hypoxic brain injury.
How much compensation can you receive for a brain injury in Scotland?
Brain injury compensation in Scotland covers two categories of loss.
General damages (solatium) compensate for the pain, suffering and loss of amenity caused by the injury itself. Figures are based on the Judicial College Guidelines and the severity of the injury.
Special damages cover financial losses, including lost earnings (past and future), cost of care and support, adaptations to the home, specialist equipment, medical expenses, and travel to treatment.
Compensation ranges by severity
| Injury severity | Approximate range |
|---|---|
| Minor head injury, full recovery within weeks | £2,400 to £13,000 |
| Moderate brain injury with some lasting effects | £43,000 to £219,000 |
| Moderately severe brain injury, significant disability | £219,000 to £310,000 |
| Severe brain injury, permanent significant disability | £310,000 to £500,000+ |
| Very severe brain injury or vegetative state | £330,000 to £500,000+ |
These are ranges, not guarantees. Special damages for care costs and lost earnings can substantially increase the total claim value. A serious brain injury claim with significant ongoing care requirements can result in settlements exceeding £1 million.
What is the time limit for a brain injury claim in Scotland?
Under the Prescription and Limitation (Scotland) Act 1973, you generally have three years from the date of your accident to raise court proceedings.
Where the injured person lacks mental capacity: The three-year clock does not run while the claimant lacks legal capacity due to their brain injury. This is particularly relevant in serious cases where the injured person cannot manage their own affairs.
Child brain injury claims: If the injured person was under 16 at the time of the accident, the three-year period starts on their 16th birthday, giving them until their 19th birthday to raise a claim. This is different from England, where the clock starts at age 18.
Date of knowledge: If the injury was not immediately apparent, the three-year period may start from the date you first knew, or could reasonably have known, that the injury was caused by negligence.
Even if you are within the time limit, do not delay. Evidence degrades over time, witnesses become harder to trace, and medical records become more difficult to obtain.
How does a brain injury claim work in Scotland?
Step 1: Free claim assessment
A solicitor will review the circumstances of your accident, your medical records, and the impact of the injury on your life. This assessment is free and carries no obligation.
Step 2: Investigation and evidence gathering
Your solicitor will obtain police reports, accident records, CCTV footage, employer records, and any other relevant evidence. Independent medical experts will assess the extent of the brain injury and its likely long-term consequences.
Step 3: Pre-Action Protocol
In Scotland, personal injury claims must follow the Pre-Action Protocol for Personal Injury Claims in Scotland before court proceedings are raised. This involves notifying the other party and attempting to agree a settlement. Many claims resolve at this stage without going to court.
Step 4: Settlement or court proceedings
If the other party admits liability and agrees a fair settlement, you receive your compensation without a court hearing. If liability is disputed or the offer is inadequate, your solicitor may raise proceedings in the Sheriff Court or, for very high-value claims, the Court of Session.
Is a brain injury claim handled on No Win No Fee?
Yes. Brain injury claims are handled on a No Win No Fee basis, which means:
- You pay nothing to start your claim
- You pay nothing if your claim is unsuccessful
- If your claim succeeds, our fee is covered by the other party's insurer in most cases
- You keep 100% of your compensation award
This arrangement means the financial risk of making a claim rests with us, not with you.
Do you need a specialist solicitor for a brain injury claim?
Brain injury claims are among the most complex personal injury cases. They require detailed expert medical evidence from neurologists, neuropsychologists and care experts, as well as actuarial evidence for future losses. You should use a solicitor with specific experience in serious injury claims, not a general high-street firm.
All solicitors instructed through this service are regulated by the Law Society of Scotland and have specialist experience in serious brain injury cases.
What if the injured person cannot manage their own claim?
Where a brain injury leaves a person unable to manage their own legal and financial affairs, a family member or carer can instruct a solicitor on their behalf. In Scotland, this is done through a Power of Attorney or, if no Power of Attorney exists, by applying to the Office of the Public Guardian for a guardianship order.
A solicitor can advise on the appropriate steps and will act in the injured person's best interests throughout.
Frequently asked questions
Can I claim if I was partly at fault? Yes. Under Scots law, contributory negligence applies, meaning your compensation may be reduced in proportion to your share of the blame. You can still claim even if you were partly at fault.
What if the driver was uninsured or fled the scene? Claims against uninsured or untraceable drivers are handled by the Motor Insurers' Bureau (MIB). Your solicitor will make the claim on your behalf.
Can I claim for psychological effects alongside the brain injury? Yes. Anxiety, depression, PTSD and personality changes caused by a brain injury are all compensable as part of the overall injury claim.
Is there a limit on how much I can claim? No. There is no upper limit on personal injury compensation in Scotland. The amount is based on your actual losses and the severity of your injury.
Do I have to go to court? Most brain injury claims settle without a court hearing. Even where proceedings are raised, the majority of cases settle before a proof (trial) takes place.
How long will my claim take? Brain injury claims typically take longer than straightforward cases because the medical position needs to stabilise before a final assessment can be made. In serious cases this can take two or more years. An interim payment can often be obtained at an early stage to cover immediate needs while the full claim is resolved.
How much will my claim cost? Nothing, if your claim is unsuccessful. If your claim succeeds, costs are covered by the other party's insurer in most cases, and you keep all of your compensation.
Start your brain injury claim today
If you or a family member has suffered a brain injury through someone else's negligence, contact us for a free, no-obligation assessment.
Call 0800 123 4567 or start your free claim assessment online.
Our solicitors are regulated by the Law Society of Scotland and handle serious brain injury claims across Scotland, including Glasgow, Edinburgh, Aberdeen, Dundee, Inverness and all other regions.
