Pursuing Personal Injury Claims In Scotland

Although Scotland is part of the United kingdom in the world of law there are distinct differences between English Law and Scottish Law. Some of the principles are they same, whilst others vary or are known under different names or terms.

For example in England people who file for compensation after an accident are refereed to as the claimant, in Scotland they are known as the Pursuer, whilst the person who has had the action raised against them are known as the 'defender'. Which in many ways makes logical sense as one person is pursuing a claim whilst the other is defending themselves.

Actions will be raised in the local courts which are referred to as the Sheriff Court or in the Court of Session in Edinburgh. Depending on the nature and severity of the case. If a Sheriff Court action is raised it will be in the closest court to where the incident or action happened, not in a court closest to where a pursuer lives. A limit of seven hundred and fifty pounds of damages are awarded in this type of court, below this sum the court will not award pursuer's any legal costs which they might have incurred. As such actions can be better pursued by the claimant in person.

However, complex actions and those which warrant the use of an advocate, referred to as a barrister in England, will be raised in the Court of Session. For example medical negligence claims will be raised in the Court of session due to the complexities of their nature.
In Scotland there are no pre-trial discussions and openness as there is in England and cases are ready to be proceed the day the enter the court room, in Scotland much of the investigations are carried out only once the action has been raised, which can result in lengthy delays and become extremely frustrating for the pursuer!

Therefore anyone who wishes to pursue a claim for personal injury for example, will need the expertise, advice and guidance of an advocate, barrister, who knows the intricacies of Scottish Law. This is of particular relevance to those who travel across the border from England to Scotland and are then unfortunate to be involved in an accident or injury for which they seek compensation.

Likewise Scottish people will need to hire an English solicitor if an incident or accident happens to them whilst in England! Major law firms in the UK will often be coherent in the laws of both countries, with many having offices both sides of the border to make life easier for those who have been injured and wish to make a claim.

Legal aid systems are in place for those who qualify in both countries. In Scotland if the pursuer does not qualify for legal aid there are other funding options which may be available, as such it is best to seek the expertise of a compensation company if the pursuer has insufficient private funds available and wishes to make a personal injury claim.