In Scotland, a person who has suffered an injury or who has been a victim of medical negligence may be entitled to make a claim for compensation against those responsible providing the claim is brought within 3 years ("limitation period").  

The date from which a claim can be made starts to run from either:

• the date on which the injury occurred.
  or 
• the date on which the person injured first had knowledge of the injury. 
  

The limitation period does not effectively start until the pursuer (claimant) reaches the age of 18 years. 

Actions will either be raised in Sheriff Court or the Court of Session in Edinburgh.

Claims for damages which can be pursued after personal injury include:

• entitlement to benefits.
• statutory sick pay. 
• physical and psychological injury. 
• criminal injuries. 

In Scotland much of the investigation is carried out once the action is raised. This can result in some delays, which can often be frustrating to the pursuer. 

Medical reports are usually required, and sometimes other reports from experts are obtained, for example into employment, pension loss, the cost of adapting a house for wheelchair access and so on.