Personal Injury Claim: What to Expect Step by Step

If you have been injured in a road accident that was not your fault, you are entitled to compensation. But if you have never been through the process before, it can feel daunting. This guide walks you through each stage so you know exactly what to expect.

The first thing to do is contact us. You can call, submit a claim online, or use our emergency line if you have just been in an accident. We will take your details, find out what happened, and explain your options. This initial conversation is free and there is no obligation.

For personal injury claims, you need a solicitor. We work with experienced personal injury solicitors across Scotland who handle claims on a no-win, no-fee basis. That means you do not pay legal fees unless your claim is successful. Your solicitor will contact you to go through the details of your accident and injuries in more depth.

Your solicitor will arrange for you to see an independent medical expert. This is not your own GP. It is a specialist who examines you and writes a detailed report about your injuries, your treatment, and your prognosis. This report is the most important piece of evidence in your claim because it puts a value on your injury.

The timing of this appointment matters. For minor injuries like whiplash, the medical examination usually happens a few weeks after the accident. For more serious injuries, it may be delayed until your condition has stabilised, so the report captures the full picture.

Your solicitor notifies the at-fault driver's insurer about your claim. The insurer investigates, and if they accept liability, negotiations begin. Your solicitor will value your claim based on the medical report, any loss of earnings, travel expenses, and other costs you have incurred.

The insurer will usually make an initial offer. More often than not, the first offer is lower than what the claim is worth. Your solicitor will negotiate on your behalf to get you a fair settlement. You always have the final say on whether to accept.

Most personal injury claims settle without going to court. Once you and your solicitor are satisfied with the offer, you accept it and the money is paid to your solicitor, who deducts their agreed fee and passes the rest to you. For straightforward whiplash claims, this whole process typically takes 6 to 9 months. More complex injuries can take 12 to 18 months or longer.

In Scotland, personal injury cases are heard in the Sheriff Court (for claims up to £100,000) or the Court of Session (for larger claims). Going to court is relatively rare because most cases settle during negotiation. But if the insurer refuses to make a reasonable offer, your solicitor will advise you on whether court action is the right step. Even then, many cases settle before the hearing date.

Ready to find out what you are entitled to? Start your claim here .