Advice For Making A Brain Injury Claim In Scotland

This informative guide will discuss the eligibility criteria that need to be met when bringing forward a brain injury claim in Scotland, the evidence that could be gathered to strengthen a case, and the time limits that must be adhered to.

brain injury claim in Scotland

Advice For Making A Brain Injury Claim In Scotland

Additionally, we discuss the duty of care employers, road users, and occupiers owe as well as the legislation they need to adhere to. We also provide examples of how a brain injury could be sustained in an accident if there is a breach of duty.

Brain injuries can range in severity, and in some cases they can have a life-changing impact on the injured person’s quality of life. Following a successful claim, compensation could be awarded to address the way a person’s injuries have affected them. We discuss how personal injury settlements are calculated later in this guide and what they could include.

Finally, we look at the benefits of working with a No Win No Fee solicitor, and the services they could offer.

For any other information, please contact our team of advisors. To do so, you can:

Jump To A Section

  1. Eligibility Criteria To Make A Brain Injury Claim In Scotland
  2. How Could Negligence Cause A Brain Injury?
  3. Potential Evidence For A Brain Injury Claim In Scotland
  4. What Brain Injury Compensation Could You Receive?
  5. Make A Brain Injury Claim On A No Win No Fee Basis
  6. Learn More About Making A Brain Injury Claim In Scotland

Eligibility Criteria To Make A Brain Injury Claim In Scotland

In order for you to have valid grounds to begin a personal injury claim, you need to show:

  • A third party owed you a duty of care.
  • They breached this duty.
  • You experienced harm as a result of the breach.

This can lay the foundation of negligence in claims for a personal injury. If there is evidence to show this occurred, you could be eligible to proceed with your brain injury claim in Scotland.

Time Limit To Claim Compensation For A Brain Injury

According to the Prescription and Limitation (Scotland) Act 1973, the standard time limit for personal injury claims is three years. This means you have three years from the date of the injury to begin legal proceedings.

There are some exceptions that can apply, however. To find out more about these, please contact an advisor on the number above.

How Could Negligence Cause A Brain Injury?

As mentioned, employers, road users, and occupiers owe a duty of care. Below, you can find more about their responsibilities and the legislation they need to adhere to. We have also provided examples of how an accident leading to a brain injury could occur if there is a failure to uphold their duty of care.

Public Place Accidents

The Occupiers’ Liability (Scotland) Act 1960 requires those in control of a public space to ensure that visitors are reasonably safe when using the premises. If they fail to do so, it could lead to an accident in a public place resulting in a member of the public sustaining a brain injury. For example:

  • There is defective lighting in the stairwell of a shopping centre, despite reports having been made to notify the person responsible of the hazard. As no steps are taken to address the issue within a reasonable time frame, a customer falls down the stairs and hits their head causing them moderate brain damage.

Accidents At Work

The Health and Safety at Work etc. Act 1974 details how employers must take steps considered reasonable and practicable to prevent harm to employees. This is the duty of care they owe. A failure to uphold this duty could lead to a workplace accident in which an employee sustains a brain or head injury. For example:

  • An employer fails to provide an employee with a hard hat when working on a construction site, despite it being necessary personal protective equipment to help reduce the risk of injury posed by known hazards. As a result, the employee is hit on the head by a falling object causing them a fractured skull which leads to severe brain damage.

Road Traffic Accidents

The Road Traffic Act 1988 and the Highway Code contain rules that road users must follow in order to uphold their duty of care which is to operate the roads in a way that avoids harm and damage to one another. If a road user failed to do so, it could result in a road user sustaining an injury to their brain in a road traffic accident. For example:

  • The driver of a lorry fails to check it’s safe to change lanes on a motorway causing them to collide with the driver of a car. As a result, the driver of the car sustains severe damage to their brain with other injuries.

Find out whether you could be eligible to make a brain injury claim in Scotland by calling our helpful team of advisors.

Potential Evidence For A Brain Injury Claim In Scotland

Evidence is needed to prove that a third party didn’t uphold their duty of care which resulted in an accident in which someone sustained a brain injury. For example, you could gather:

  • CCTV or dashcam footage of the accident
  • A diary of injuries and treatment
  • Copies of medical notes, such as X-ray scans
  • Photographs of the injuries and area of the accident
  • Contact details of witnesses
  • Documentation showing any monetary losses, such as receipts and payslips

A solicitor from our panel may be able to help you seek compensation for the harm you sustained, provided you have valid grounds to proceed with your case. They could assist with gathering evidence and building your brain injury claim. To find out more about the services they can offer, call our team on the number above.

What Brain Injury Compensation Could You Receive?

Personal injury settlements can comprise the following heads of loss:

  • General damages – Compensating for the emotional pain and physical suffering caused by the injuries.
  • Special damages – Compensating for the financial losses incurred due to the injuries. This can include costs such as lost income and medical expenses.

To value general damages, solicitors can use the guideline award brackets set out in the Judicial College Guidelines by Judiciary UK. You can find some of these figures in the table below. However, please be aware the figures are only a guide as settlements can vary depending on each case. Also, the figures only relate to claims made in England and Wales.

Compensation Table

Injury TypeSeverity NotesGuideline Amounts
Brain Damage (a) Very Severe There is a requirement for full-time nursing care.£282,010 to £403,990
Brain Damage (b) Moderately Severe Substantial dependence on others and the need for constant care due to serious disabilities that are either cognitive or physical.£219,070 to £282,010
Brain Damage (c) Moderate (i) An intellectual deficit of a moderate to severe nature with a personality change, as well as an effect on sight, speech, and other senses. There is also no prospect of employment alongside a significant epilepsy risk.£150,110 to £219,070
Brain Damage (c) Moderate (ii) Ability to work is greatly reduced, if not completely removed. Also, some risk of epilepsy is indicated alongside a moderate to modest intellectual deficit.
£90,720 to £150,110
Brain Damage (c) Moderate (iii) Concentration and memory are affected and the capacity to work is reduced with a small epilepsy risk.£43,060 to £90,720
Brain Damage (d) Less Severe A good recovery and ability to take part in a normal social and work life. However, some problems may persist, such as with concentration and memory.£15,320 to £43,060
Brain Damage (e) Minor Injury Cases of minimal brain damage, if there is any at all.£2,210 to £12,770

For information on the compensation payout that could be awarded in a successful brain injury claim in Scotland, please call an advisor on the number above.

Make A Brain Injury Claim On A No Win No Fee Basis

As per the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, a solicitor may be able to offer one of the following types of agreements:

  • Speculative Fee Agreement
  • Damages Based Agreement

No Win No Fee contracts such as these could include terms that typically mean you won’t pay for your solicitor’s services upfront, while your case proceeds, or if your case fails.

If you have a successful claim, your solicitor will take a percentage of your compensation. However, this is small and legally capped to ensure you keep the majority of your settlement.

If you would like to find out more about making a brain injury claim, please contact an advisor via the details below:

Learn More About Making A Brain Injury Claim In Scotland

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Thank you for reading this guide on when you could be eligible to make a brain injury claim in Scotland. If you have any other questions, call an advisor on the number above.