Personal Injury Claim Time Limits in Scotland

5 min read

The three-year rule

In Scotland, most personal injury claims must be raised within three years. This comes from the Prescription and Limitation (Scotland) Act 1973. Miss it, and you can lose the right to claim altogether — which is why it’s best not to wait.

When the clock starts

Usually the three years run from the date of the accident. But where an injury or illness only becomes apparent later — common with industrial disease — time can instead run from the date you became aware (or ought reasonably to have become aware) that you had a significant injury linked to someone else’s fault.

Important exceptions

There are exceptions worth knowing. For children, the three years generally do not start until their 16th birthday. For someone who lacks legal capacity, time may be treated differently. And where a death is involved, time generally runs from the date of death rather than the original injury.

The court’s discretion

Even where the three years have passed, a court has a discretion in some circumstances to allow a claim to proceed. It is never guaranteed, so it should not be relied on — but if you think you may be out of time, it is still worth checking rather than assuming the door is closed.

Why it’s best not to wait

Beyond the deadline itself, evidence fades, witnesses move on and memories blur. Starting early gives the specialist solicitors the best chance to build your claim properly.