Personal injury compensation amounts Scotland — how much could you claim?
Reviewed by [Solicitor Name TBC], Personal Injury Solicitor, regulated by the Law Society of Scotland Last reviewed: 31 May 2026
In brief: Compensation for a personal injury claim in Scotland is made up of two parts: general damages (for pain and suffering) and special damages (for financial losses). The total depends on the nature and severity of your injury, how long your recovery takes, and what financial losses you can evidence. This page sets out illustrative figures by injury type and explains how the calculation works under Scots law.
Find out what your claim could be worth — free assessment or call 0800 123 4567.
How is personal injury compensation calculated in Scotland?
Compensation is made up of two separate elements. Both are assessed and added together to arrive at a total settlement figure.
General damages
General damages compensate you for the non-financial impact of your injury. This covers:
- Pain and suffering — the physical discomfort and distress caused by your injury
- Loss of amenity — the impact of your injury on your ability to enjoy everyday activities, hobbies, relationships, and quality of life
- Psychological impact — anxiety, depression, post-traumatic stress disorder, and other psychological effects directly caused by the accident
The amount awarded for general damages depends on the type and severity of your injury, how long it takes to recover, and whether there are any permanent effects.
Scottish courts use the Judicial College Guidelines as a reference point when assessing general damages. These guidelines, produced by the Judicial College in England, set out ranges of compensation for different types of injury and severity levels. Scottish courts are not bound by these guidelines in the same way English courts are, but they are widely referenced as a starting point, and Scottish case law supplements them.
Special damages
Special damages compensate you for financial losses that were caused by your injury. They are separate from general damages and can significantly increase the total value of your claim.
Items that can be claimed as special damages include:
- Lost earnings during your recovery period, including any shortfall between your salary and statutory sick pay
- Future loss of earnings if your injury has reduced your long-term earning capacity
- Medical treatment costs including private consultations, physiotherapy, and prescribed medication
- Rehabilitation costs such as specialist therapy or equipment
- Travel expenses to and from hospital, GP appointments, and treatment
- Care costs provided by family members or paid carers
- Adaptations to your home required as a result of your injury
- Vehicle repair or replacement in road traffic accident cases
- Clothing or personal property damaged in the accident
The stronger your documentation of special damages, the more complete your claim will be. Keep receipts, bank statements, and records of time off work from the date of your accident.
Illustrative compensation figures by injury type
The figures below are illustrative ranges. They are not a guarantee of any specific outcome. Every claim is individual, and the amount you receive will depend on the specific facts and medical evidence in your case.
Whiplash and soft-tissue neck injuries
| Severity | Recovery period | Illustrative range |
|---|---|---|
| Minor | Under 3 months | £1,000 to £2,500 |
| Moderate | 3 to 12 months | £2,500 to £7,500 |
| Moderately severe | 12 to 24 months | £7,500 to £12,500 |
| Severe (ongoing symptoms) | Over 24 months | £12,500 to £20,000+ |
Note for Scottish claimants: England introduced a fixed tariff for whiplash injuries in 2021 that caps awards at a set table of figures. This tariff does not apply in Scotland. Scottish whiplash compensation is assessed based on your actual injury by a medical expert, which typically results in higher awards than the English tariff for the same injury.
Back injuries
| Severity | Illustrative range |
|---|---|
| Minor (full recovery) | £7,000 to £11,500 |
| Moderate (some ongoing symptoms) | £11,500 to £26,000 |
| Moderately severe | £26,000 to £36,000 |
| Severe (significant disability) | £36,000 to £69,000+ |
| Very severe (most serious) | £69,000 to £160,000+ |
Head and brain injuries
| Severity | Illustrative range |
|---|---|
| Minor (full recovery expected) | £2,000 to £12,000 |
| Moderate | £40,000 to £85,000 |
| Moderately severe | £150,000 to £220,000 |
| Severe (significant disability) | £264,000 to £379,000+ |
Fractures
| Injury | Illustrative range |
|---|---|
| Wrist fracture, minor | £3,500 to £7,000 |
| Wrist fracture, moderate | £7,000 to £16,000 |
| Arm fracture | £6,000 to £19,000 |
| Leg fracture (simple) | £9,000 to £27,000 |
| Leg fracture (severe or multiple) | £27,000 to £100,000+ |
| Collarbone fracture | £4,000 to £11,000 |
| Rib fractures | £3,000 to £17,000 |
Shoulder injuries
| Severity | Illustrative range |
|---|---|
| Minor (full recovery) | £4,000 to £7,500 |
| Moderate | £7,500 to £12,000 |
| Serious (significant loss of function) | £12,000 to £46,000 |
Knee injuries
| Severity | Illustrative range |
|---|---|
| Minor (full recovery) | £13,000 to £24,000 |
| Moderate (some ongoing symptoms) | £14,000 to £26,000 |
| Severe (significant damage) | £26,000 to £95,000+ |
Psychological injuries (standalone)
| Severity | Illustrative range |
|---|---|
| Minor (full recovery) | £1,400 to £5,500 |
| Moderate | £5,500 to £17,000 |
| Moderately severe | £17,000 to £48,000 |
| Severe (permanent effects) | £48,000 to £108,000+ |
Serious and life-changing injuries
| Injury | Illustrative range |
|---|---|
| Paraplegia | £219,000 to £284,000+ |
| Tetraplegia | £284,000 to £354,000+ |
| Serious spinal cord injury | £50,000 to £354,000+ |
| Amputation (above knee, single leg) | £100,000 to £200,000+ |
For serious injuries, special damages for future care, loss of earnings, and equipment can add substantially to these figures. Cases involving life-changing injury typically settle for significantly more than the general damages figure alone.
How much will lost earnings add to my claim?
Lost earnings are calculated based on your actual net income and the time you have been (or will be) unable to work.
For past lost earnings, your solicitor will need evidence of your normal earnings — typically payslips or, if self-employed, tax returns — and a record of the period you were off work.
For future lost earnings (where your injury has affected your long-term earning capacity), the calculation is more complex. Actuarial tables called the Ogden Tables are used to calculate the present capital value of future income losses, taking into account factors such as your age, the nature of your work, and your prognosis.
In serious injury cases, the loss of earnings element can be the largest part of a settlement.
Does it matter how serious my injury is to make a claim?
No. There is no minimum level of injury required to make a personal injury claim in Scotland. Claims are regularly made and settled for relatively minor soft-tissue injuries where the claimant recovered fully within a few months.
What matters is that someone else was at fault, and that you suffered harm as a result. The compensation reflects the actual impact on you — a short recovery from a minor injury results in a lower award, but it is still a valid claim.
Why whiplash compensation in Scotland is different
It is worth repeating, because it is genuinely significant: England's fixed tariff for whiplash injuries does not apply in Scotland.
Under the English system, a whiplash injury with a recovery time of 4 months attracts a fixed tariff payment of £840. In Scotland, the same injury is assessed by a medical expert, and compensation is calculated based on the individual's actual experience of pain, restriction, and recovery. This typically results in a higher award.
If a national firm or comparison site quotes you English tariff figures for a whiplash injury, those figures do not apply to a Scottish claim.
How to find out what your claim is worth
The only reliable way to assess the value of your specific claim is to have it reviewed by a Scottish personal injury solicitor. The figures on this page are illustrative — they give a general sense of what different types of injury attract in compensation, but every case depends on its own facts and the medical evidence.
A free assessment is available now. It takes under 2 minutes, carries no obligation, and will tell you whether your claim has merit and what the likely value range is.
Start your free assessment or call 0800 123 4567.
Frequently asked questions
Is compensation taxable in Scotland?
No. Personal injury compensation awards are not subject to income tax or capital gains tax. The full amount you receive is yours to keep. If the compensation is invested and generates income, that income may be taxable, but the award itself is not.
Can I claim for lost earnings if I am self-employed?
Yes. Self-employed claimants can claim for loss of income caused by their injury. Evidence such as tax returns, accounts, and invoices will be needed to establish your normal income. A solicitor can advise on the best way to document and present a self-employment loss of earnings claim.
Does it matter if the accident was partly my fault?
Your compensation will be reduced proportionally by the degree to which you were at fault, under the doctrine of contributory negligence in Scots law. For example, if you were 20% responsible, your award is reduced by 20%. You can still make a claim even if you were partly to blame.
What is the discount rate and how does it affect my claim?
The discount rate (also known as the Ogden rate) is used to calculate lump-sum awards for future losses, such as future care costs or loss of earnings. The rate adjusts the lump sum to reflect the investment return the claimant is expected to earn on the money. A lower discount rate produces a higher lump-sum award. Scotland has periodically reviewed the applicable discount rate, and the current rate should be confirmed with your solicitor.
Does compensation affect my state benefits?
It may. If you receive means-tested benefits, a compensation award could affect your entitlement. The Compensation Recovery Unit may also recover some state benefits paid to you as a result of your injury from your settlement. Your solicitor will factor this into the negotiation and advise you on the implications for your specific situation.
How long after settlement do I receive payment?
Once a settlement is agreed and the settlement agreement is signed, payment is typically received within a few weeks. In court-ordered settlements, the timescale may vary.
Find out what your claim could be worth
A free assessment takes under 2 minutes and carries no obligation. Our partner solicitors are regulated by the Law Society of Scotland and handle all claims on a No Win No Fee basis.
Start your free assessment or call 0800 123 4567.
