Personal injury compensation calculator Scotland
Wondering how much your personal injury claim could be worth? This guide explains how compensation is calculated in Scotland and provides indicative figures by injury type. For a personalised assessment of your specific claim, speak to one of our solicitors free of charge.
TL;DR: Personal injury compensation in Scotland covers the injury itself (general damages) and your financial losses (special damages). The total depends on injury severity, recovery time, lost earnings, care needs, and future expenses. Call 0800 123 4567 for a free, no-obligation estimate based on your circumstances.
How is personal injury compensation calculated in Scotland?
Scottish personal injury compensation is divided into two parts.
General damages (solatium)
General damages compensate you for the pain, suffering and loss of amenity caused by your injury. The amount is based on the nature of the injury, its severity, and how long it affects your life.
Scottish courts and solicitors use the Judicial College Guidelines (a reference document updated periodically by the judiciary) to arrive at appropriate figures. The guidelines provide ranges rather than fixed amounts, and the specific figure within that range depends on the facts of your case.
Special damages (patrimonial loss)
Special damages compensate for the financial losses caused by your injury, both past and future. These include:
- Lost earnings: Any wages you have lost while off work, and projected future losses if your earning capacity has been permanently affected
- Medical expenses: Physiotherapy, consultations, medication, and other treatment costs not covered by the NHS
- Care costs: The value of care provided by a family member, or the cost of professional care you have needed or will need
- Travel expenses: Transport to medical appointments and treatment
- Home adaptations: Where the injury requires changes to your home
- Specialist equipment: Aids, mobility equipment, or assistive devices
- Vehicle adaptations: For serious injuries affecting mobility
Special damages can be calculated with reasonable precision using payslips, receipts, and expert evidence. In serious injury cases, actuarial evidence is used to calculate projected future losses over the remainder of your working life or lifetime.
Personal injury compensation amounts by injury type
The figures below are indicative ranges based on Judicial College Guidelines. They represent general damages only. Your total compensation will also include special damages, which can substantially increase the figure.
Head and brain injuries
| Severity | Indicative range |
|---|---|
| Minor head injury, full recovery | £2,400 to £13,000 |
| Moderate brain injury, some lasting effects | £43,000 to £219,000 |
| Severe brain injury, significant disability | £219,000 to £500,000+ |
Neck injuries (including whiplash)
| Severity | Indicative range |
|---|---|
| Minor whiplash, full recovery within 3 months | £1,000 to £2,300 |
| Moderate whiplash, recovery within 1-2 years | £4,100 to £7,400 |
| Moderate whiplash, symptoms persisting 2+ years | £7,400 to £13,700 |
| Severe neck injury with lasting disability | £24,000 to £148,000 |
Note: Scotland does not apply the whiplash tariff introduced in England in 2021. Scottish claimants are not subject to the fixed caps that apply south of the border. Compensation is based on actual injury severity, as assessed by a medical expert.
Back injuries
| Severity | Indicative range |
|---|---|
| Minor back strain, full recovery within months | £2,400 to £12,000 |
| Moderate back injury with lasting symptoms | £12,000 to £38,000 |
| Severe back injury, significant disability | £38,000 to £160,000 |
Shoulder injuries
| Severity | Indicative range |
|---|---|
| Minor shoulder injury, full recovery | £4,200 to £8,000 |
| Moderate shoulder injury, some lasting effects | £8,000 to £12,000 |
| Serious shoulder injury, significant disability | £12,000 to £45,000 |
Arm and hand injuries
| Severity | Indicative range |
|---|---|
| Minor arm or wrist fracture, full recovery | £6,000 to £19,000 |
| Moderate arm injury, some lasting effects | £19,000 to £39,000 |
| Loss of one arm | £90,000 to £130,000 |
| Loss of both arms | £240,000 to £300,000 |
Leg and knee injuries
| Severity | Indicative range |
|---|---|
| Minor leg injury, full recovery | £3,800 to £13,000 |
| Moderate knee injury, some lasting symptoms | £15,000 to £26,000 |
| Serious leg or knee injury, significant disability | £26,000 to £90,000 |
| Loss of one leg | £90,000 to £240,000 |
Spinal cord injuries
| Severity | Indicative range |
|---|---|
| Paraplegia (lower body) | £220,000 to £320,000 |
| Tetraplegia / quadriplegia (all four limbs) | £320,000 to £500,000+ |
Psychological injuries
| Severity | Indicative range |
|---|---|
| Minor PTSD or anxiety, full recovery | £4,000 to £8,000 |
| Moderate PTSD or depression | £8,000 to £23,000 |
| Severe psychiatric disorder with lasting effects | £54,000 to £115,000 |
What else affects how much compensation you receive?
Contributory negligence
If you were partly responsible for the accident, your compensation may be reduced. This is known as contributory negligence under Scots law. For example, if a court decides you were 25% responsible, your compensation is reduced by 25%. You can still claim even if you were partly at fault.
The Scottish discount rate
For serious injuries with long-term financial consequences, future losses are calculated using the discount rate set under the Damages (Scotland) Act 2011. The rate accounts for the investment return on a lump sum paid today. As of the last review, the Scottish discount rate is minus 0.75%, meaning future losses are not discounted but slightly increased to reflect the low return environment. This is important in catastrophic injury cases and is different from the rate applied in England and Wales.
General damages vs total compensation
The ranges shown above are for general damages only. In many serious injury cases, special damages for lost earnings and care costs make up the majority of the total settlement. A claimant with a severe spinal injury, for example, might receive £300,000 in general damages but a further £800,000 or more in future care and lost earnings, giving a total settlement exceeding £1 million.
How do I get an accurate estimate for my claim?
The figures in this guide are indicative only. The value of your specific claim depends on:
- The nature and severity of your injury, as assessed by an independent medical expert
- The length of your recovery and any permanent effects
- Your earnings before and after the accident
- The cost of any care you have needed or will need in future
- Any other financial losses specific to your circumstances
The most reliable way to estimate the value of your claim is to speak to a solicitor who can review the details of your case. This assessment is free, takes under 10 minutes, and carries no obligation.
Is there a No Win No Fee option?
Yes. All personal injury claims handled through this service are on a No Win No Fee basis. This means:
- You pay nothing to begin your claim
- You pay nothing if your claim is unsuccessful
- If your claim succeeds, you keep 100% of your compensation
Our fee is met by the other party's insurer in most successful cases, not deducted from your award.
What is the time limit for claiming in Scotland?
You have three years from the date of your accident to start a claim in Scotland. This is set by the Prescription and Limitation (Scotland) Act 1973. There are exceptions for:
- Children: the clock starts at age 16 (not 18 as in England), giving them until their 19th birthday
- Injuries not immediately apparent: the clock runs from the date of knowledge
- Claimants lacking mental capacity: the clock does not run while capacity is absent
Do not wait. The sooner you instruct a solicitor, the more time there is to gather evidence and build your case.
Frequently asked questions
Are the compensation figures guaranteed? No. The figures in this guide are indicative ranges based on Judicial College Guidelines and past cases. The value of your specific claim depends on your individual circumstances and will be assessed by an independent medical expert.
Can I claim if I was partly at fault? Yes. Contributory negligence reduces your compensation proportionally but does not prevent a claim.
Do I pay tax on personal injury compensation? No. Personal injury compensation in Scotland is not subject to income tax or capital gains tax.
Will claiming affect my benefits? A large compensation award can affect means-tested benefits. A personal injury trust can protect your award. Your solicitor can advise on this.
How long does a claim take? Straightforward claims often settle within 6 to 12 months. More complex or serious injury cases can take two to four years.
What if I do not have receipts for my expenses? You can still claim for expenses without receipts in many cases. Your solicitor can advise on what evidence is needed and what can be estimated.
Get a personalised estimate today
Call 0800 123 4567 for a free, no-obligation assessment. One of our solicitors will review your circumstances and give you a realistic estimate of what your claim could be worth.
Alternatively, start your free claim assessment online. We handle personal injury claims across Scotland on a No Win No Fee basis.
