Personal Injury Scotland: Specialist accident claim solicitor explains when you must use a Scottish lawyer to make a claim for an accident in Scotland; when you can use a solicitor from elsewhere in the UK and how to choose the best solicitor
In this article you will find out when you must have a Scottish solicitor help you make a claim if you have suffered personal injury in Scotland; when you have the option to choose a lawyer from elsewhere in the UK despite the accident occurring in Scotland and how to choose the best Scottish solicitor to help you claim compensation.
Must you use a Scottish solicitor when you suffer personal injury in Scotland?
The usual rule – is that you should claim compensation in the jurisdiction where your accident happened using a solicitor from that legal jurisdiction. This is because the “law of the land” is used to determine who was at fault, how long you have to claim, how much you can claim and the procedure that should be followed to make a claim.
Technically the UK has three legal jurisdictions
1. Scotland has a separate legal jurisdiction from the other parts of the UK, so usually an accident in Scotland will require the use of a solicitor in Scotland.
2. England And Wales have the same legal jurisdiction, so you can choose an English solicitor or a Welsh solicitor from accidents in England or Wales.
3. Northern Ireland has its own legal jurisdiction, so again typically an accident in Northern Ireland will require the use of a Northern Irish solicitor.
When can you use a solicitor in Scotland to claim for injury in an accident outside of Scotland?
There are a few examples when you can choose to use a solicitor in Scotland despite the fact that your accident was not in Scotland.
When can you use a solicitor from elsewhere in the UK to claim for personal injury in a Scottish accident?
There are certain types of accident which will allow you to select a solicitor from a different legal jurisdiction from where the accident happened. A few examples include:
1. When you suffer injury in a road accident in Scotland and you are resident elsewhere in the UK or the European Union
European law allows a road user (includes a car driver, motor cyclist, passenger, pedestrian, cyclist, etc.) injured in Scotland by a motor vehicle to claim from the country in which you are resident so long as it is within the European Union or European Economic Area.
A) You are resident in England and whilst travelling in Scotland your car is hit by a Scottish driver causing you injury. In this example – as you are resident in England you can either claim from England or make a claim in Scotland.
B) You are Spanish, but you are living in Northern Ireland for work and whilst crossing at lights you are hit by a Scottish driver. Here – you can either claim from Northern Ireland (as you are resident there) or claim in Scotland. However, if you are Spanish ordinarily resident in Spain and hit whilst on holiday in Scotland – you could either claim from Spain or from Scotland.
2. You suffer injury whilst on a package holiday in Scotland
If as part of the package holiday in Scotland you suffer injury and the package was arranged from elsewhere in the UK – you can claim from the other part of the UK.
For example: you book a package holiday in Scotland from England and whilst on holiday in Scotland you trip due to a defect in the hotel causing you to break your wrist. Here you can claim from England as this is where your package holiday was booked.
3. You are work for an employer that has offices in different parts of the UK
If you suffer injury in Scotland whilst working for an employer that has offices in both Scotland and England – you could choose to claim in either England or Scotland. Practically, however you would only consider to use an English solicitor if you were living in England.
How do you choose the best Scottish accident claim solicitor if you suffer personal injury in Scotland?
There are a number of ways to find the best Scottish solicitor to help you claim compensation if you suffer personal injury in Scotland.
Click Scottish solicitor to see an index of the areas of Scotland with an article explaining how to find the best Scottish solicitor or click specialist accident claim solicitor to use Kevin Bolton Solicitors direct dial and online free help facility.