How long do I have to make a personal injury claim in Scotland?

In Scotland, the general time limit is three years from the date of the accident or from the date of knowledge — when you first knew your injury was significant and caused by another party's negligence. Missing this deadline can permanently bar your claim. Seek advice as early as possible.

Do I need a solicitor to make a personal injury claim in Scotland?

You are not legally required to use a solicitor. However, personal injury law in Scotland is complex — particularly in cases involving disputed liability, serious injury or medical negligence. A solicitor experienced in Scots law will give your claim the best chance of success and fair compensation.

What does no win, no fee mean in Scotland?

A no win, no fee arrangement means that if your claim is unsuccessful, you will not pay your solicitor's legal fees. If your claim succeeds, a percentage of your compensation may be deducted to cover costs. All terms are set out in writing before you proceed.

Can I claim if I was partly at fault for my accident in Scotland?

Yes. Contributory negligence may reduce the amount of compensation you receive, but it does not necessarily prevent you from making a claim. The court or insurers will apportion blame between the parties, and your compensation will be reduced by your percentage of fault.

NHS Negligence Claims in Scotland Explained

Legal Content TeamLegal Content SpecialistLaw Society of Scotland

[LAW FIRM NAME] — specialist personal injury and accident claim solicitors in Scotland.

Published: February 2025Last reviewed: June 2026Reviewed by: [SOLICITOR NAME], Law Society of Scotland member

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

You can make a medical negligence claim against NHS Scotland if you received substandard care that caused you avoidable harm. Claims against NHS bodies in Scotland are defended by the Central Legal Office. The time limit is three years from the negligent treatment or date of knowledge.

Can You Claim Against NHS Scotland?

Yes. NHS Scotland provides healthcare to the people of Scotland through fourteen regional Health Boards. If you were harmed as a result of negligent care provided by an NHS Scotland hospital, GP practice or other NHS facility, you may have a valid clinical negligence claim. The NHS is not exempt from liability for negligence.

How NHS Negligence Claims Work in Scotland

Claims against NHS Scotland bodies are defended on behalf of the NHS by the Central Legal Office (CLO), which is part of NHS National Services Scotland. When your solicitor submits a letter of claim, it will be investigated by the CLO and its appointed medical advisers. The process is similar to any civil claim in Scotland but involves a specific defender.

NHS Scotland Health Boards

Scotland's NHS is organised into territorial health boards including NHS Greater Glasgow and Clyde, NHS Lothian, NHS Grampian, NHS Tayside, NHS Lanarkshire, NHS Ayrshire and Arran, NHS Highland, NHS Fife, and others. Each board is responsible for providing healthcare services in its area and can be the subject of a clinical negligence claim.

What Types of NHS Negligence Claims Can You Make?

Misdiagnosis or delayed diagnosis — including cancer misdiagnosis
Surgical errors and post-operative complications caused by negligence
Medication and prescribing errors
Birth injuries to mothers and babies
GP negligence — failure to diagnose, delayed referral
Hospital-acquired infections caused by negligent hygiene practices
Anaesthetic errors
Care home and nursing home negligence

Before You Make a Formal Claim: NHS Complaints

Before commencing a legal claim, some patients choose to pursue a complaint through the NHS Scotland complaints procedure. This can sometimes result in an explanation or apology, but it is separate from and does not replace a legal claim for compensation. It is important to be aware that the limitation period continues to run during any complaints process — seek legal advice early.

Time Limits

The three-year limitation period applies to NHS negligence claims in Scotland. It runs from the date of the negligent treatment or from your date of knowledge. Do not allow time to run without seeking advice.

Learn more about medical negligence claims in Scotland →