[LAW FIRM NAME] — specialist personal injury and accident claim solicitors in Scotland.
This article is for general information only and does not constitute legal advice. Always seek independent legal advice before taking any action. Editorial standards →
Quick answer
Most personal injury claims in Scotland are resolved through negotiation and settle without a court hearing. Only a small percentage of cases proceed to a proof (trial). Your solicitor will guide you through every step of the process and will only recommend proceeding to court if it is in your best interests.
How Most Scottish Claims Are Resolved
The majority of personal injury claims in Scotland are settled out of court through negotiation between your solicitor and the other side's insurers. Once your medical evidence is obtained, your losses are quantified and a formal offer is made, the parties often reach an agreed settlement without the need for any court involvement.
When Court Proceedings May Be Necessary
Court proceedings may be required in some circumstances:
- The other side denies liability and will not negotiate
- The other side's settlement offer is unreasonably low
- The limitation period is approaching and proceedings must be raised to protect your claim
- Complex legal issues require judicial determination
Importantly, raising court proceedings does not mean your case will go to a hearing. Many cases settle after proceedings are raised, at a judicial settlement conference, or during the litigation process. A significant proportion of cases are resolved without ever reaching a proof.
The Scottish Court System for Personal Injury Claims
Personal injury claims in Scotland are brought in either:
- Sheriff Court — for claims below the Court of Session threshold; cases are heard by a Sheriff. Each area of Scotland has its local Sheriff Court.
- Court of Session — Scotland's supreme civil court, based in Edinburgh, which handles higher-value and more complex personal injury cases, with specialist Judges.
Claims handled under the Personal Injury Court at Hamilton Sheriff Court can include cases of significant value that would previously have required to be raised in the Court of Session.
What to Expect If Your Case Goes to Court
If your case proceeds to a proof (trial), your solicitor will prepare you thoroughly. You may be required to give evidence and be questioned by both your own counsel and the other side's legal team. Expert witnesses will also give evidence. The process is managed by your legal team and the court — you will not face it alone.
Your Solicitor's Role
Your solicitor will advise you at every stage on whether to accept settlement offers, whether to raise proceedings and whether to proceed to a hearing. They will give you honest advice on the prospects of success and the likely level of any award, so that you can make informed decisions.
