When it comes to pursuing a personal injury claim in Scotland, understanding the applicable time limits is crucial.
The law sets specific deadlines, known as “prescription” periods, within which you must initiate legal action. Failing to do so can bar you from seeking compensation, regardless of the merits of your case.
This article outlines some of the key time limits for raising a personal injury claim in Scotland and provides guidance on how to proceed.
The three-year time limit
The primary time limit for personal injury claims in Scotland is three years. This period is governed by the Prescription and Limitation (Scotland) Act 1973 (as amended). According to the Act, you have three years from the “date of knowledge” to commence legal proceedings.
The date of knowledge is either the date on which the injury occurred or the date on which you became aware (or should reasonably have become aware) of the injury and its cause.
Example:
If you were injured in a car accident on January 1, 2023, you typically have until January 1, 2026, to file a claim.
If you were exposed to harmful chemicals at work and only realised the health impact on January 1, 2024, you would have until January 1, 2027, to file a claim. Of course if you were working with hazardous chemicals, or in hazardous environment and others became sick or died, then that could impact upon when you ought reasonably to have known.
Exceptions and special circumstances
While the three-year period applies to most personal injury claims, there are exceptions and special circumstances where different rules may apply.
Claims Involving Minors:
- For minors, a claim for child personal injury claims can be commenced by a parent or legal guardian until the child turns 16. On the other hand, a child who sustains an injury has three years from the time they turn 16 to file a claim on their own behalf.
Mental Incapacity:
- If the injured person is suffering from a mental disorder that prevents them from managing their legal affairs, the prescription period may be suspended. The three-year period would commence once the person regains mental capacity. Alternatively, if the incapacitated person has a Power of Attorney, then the Attorney could commence the claim in the name of the incapacitated person within the usual timeframes.
Industrial Diseases:
- In cases of industrial diseases or conditions that develop over time (such as asbestosis or mesothelioma), the three-year period typically starts when the injured person becomes aware of the disease and its work-related cause. Of course if you were aware others became sick or died, then that could impact upon when you ought reasonably to have known.
Fatal Claims:
- If an injury results in death, the deceased’s family has three years from the date of death to raise a claim for damages. Alternatively, they have three years from the date they became aware of the cause of death if this is later. This includes a claim for loss of society, loss of financial support as well as for the injuries sustained by the deceased as result of the accident.
Importance of acting promptly
While the law provides specific time limits, it is advisable to act promptly when considering a personal injury claim.
Gathering evidence, obtaining medical records, and securing witness statements can become more challenging as time passes. Early action ensures that your Solicitor has ample time to build a strong case on your behalf.
Seeking legal advice
Given the complexities surrounding prescription periods and the potential for exceptions, seeking legal advice as soon as possible is essential. A suitably qualified Personal Injury Solicitor can assess your case, advise you on the applicable time limits, and help you navigate the legal process.
In Scotland, the general rule for raising a personal injury claim is a three-year prescription period from the date of knowledge of the injury. However, various exceptions can alter this timeframe. Acting promptly and seeking professional legal guidance can significantly impact the success of your claim.
Where do I go?
At Oakwood Scotland Solicitors, we have not only Solicitors, but some Solicitors with the additional qualification of being Accredited by the Law Society of Scotland as a Specialist in Personal Injury Law.
We offer flexible funding of your claim including no-win, no-fee and of course can act under your legal expense policy attached to your car or home insurance.
We offer free initial advice if unsure why not call and we can take you through your options and provide initial advice free of charge.
If you believe you have a personal injury case, do not delay—contact Oakwood Scotland Solicitors to ensure your rights are protected and your claim is completed within the required time limits.
Further reading
Accidents at work and in public places – Oakwood Scotland Solicitors
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