Best Brain Injury Lawyers in Aberdeen

About Brain Injury Law in Aberdeen, United Kingdom

Brain injury cases in Aberdeen sit within the Scottish legal system, which has its own courts, procedures, and terminology. Claims are usually brought in delict, which is the Scottish law of negligence. If someone else failed in a duty of care and that failure caused a brain injury, compensation may be pursued. Common causes include road traffic collisions, workplace accidents, falls in public places, sporting incidents, assaults, and medical treatment that falls below a reasonable standard.

Compensation in Scotland can cover solatium for pain and suffering, past and future loss of earnings, care and support needs, medical and rehabilitation expenses, accommodation and equipment, and help provided by family members. For serious and life changing brain injuries, claims often involve extensive evidence from medical, care, and financial experts and may require planning for long term rehabilitation and support.

Aberdeen has local health and rehabilitation services through NHS Grampian and community organisations that support people with acquired brain injury. Many claims are resolved through negotiation between solicitors and insurers, but higher value or disputed claims may proceed in the All-Scotland Personal Injury Court or the Court of Session, with Aberdeen Sheriff Court also hearing local cases.

Why You May Need a Lawyer

A specialist solicitor can help you understand your rights, identify who is legally responsible, and protect you from insurers tactics. Brain injury cases are complex because symptoms can be subtle or delayed, prognosis can change over time, and future care and earning capacity must be carefully assessed. A lawyer ensures the correct experts are instructed and the full impact of the injury is captured.

People commonly seek legal help after road traffic collisions including cycling and pedestrian incidents, workplace accidents involving falls, equipment, or unsafe systems, incidents on public or private property, criminal assaults where Criminal Injuries Compensation may apply, and clinical negligence involving delayed diagnosis, surgical error, or inadequate post operative care. You may also need legal support to secure interim funding for rehabilitation, to navigate capacity issues under the Adults with Incapacity framework, or to coordinate claims with benefits and statutory support.

Early advice can be critical for preserving evidence, meeting time limits, arranging immediate rehabilitation, and preventing undervaluation of a claim. A solicitor can also advise on funding including no win no fee arrangements and ensure you are not exposed to the other side’s legal costs in most personal injury cases due to qualified one way costs shifting in Scotland.

Local Laws Overview

Time limits. Most personal injury claims in Scotland must be raised in court within three years of the date of the accident or the date of knowledge of the injury, whichever is later, under the Prescription and Limitation Scotland Act 1973. For children, the clock does not run until their 16th birthday. If a person lacks capacity, time may be suspended, and courts have discretion to allow a late claim if equitable. Criminal injury compensation claims normally have a two year limit, with limited discretion.

Duties and liability. Negligence in Scotland requires a duty of care, breach, and causation of loss. Key statutes include the Occupiers Liability Scotland Act 1960 for injuries on premises, the Health and Safety at Work etc. Act 1974 and related regulations for workplace safety, and the Road Traffic Act 1988 for motor collisions. Where drivers are uninsured or untraced, the Motor Insurers Bureau can meet claims. If the injury arose from a crime of violence, the Criminal Injuries Compensation Authority may provide a tariff based award.

Heads of loss. Damages may include solatium for pain and suffering, past and future wage loss, pension loss, medical and rehabilitation costs, aids and adaptations, and professional care. Under the Administration of Justice Scotland Act 1982, family members who provide care can claim services compensation. In fatal cases, the Damages Scotland Act 2011 allows qualifying relatives to claim for grief and loss of support.

Procedure. Scotland has a widely used personal injury pre action protocol encouraging early information exchange and rehabilitation. Cases can be raised in the Aberdeen Sheriff Court, the All-Scotland Personal Injury Court, or the Court of Session depending on value and complexity. Qualified one way costs shifting applies to most personal injury actions, meaning a pursuer usually does not pay a defender’s costs if the claim fails unless the court finds fraud, abuse of process, or unreasonable conduct.

Funding. Success fee agreements no win no fee are permitted. For personal injury, statutory caps apply to success fees, commonly 20 percent on the first part of damages, 10 percent on the next band, and a low single digit percent on higher amounts, subject to current regulations. Check the latest caps with your solicitor. Some cases may be eligible for legal aid, particularly clinical negligence or fatal claims, subject to Scottish Legal Aid Board criteria.

Capacity and representation. If an injured adult lacks capacity to litigate, a guardian or attorney under the Adults with Incapacity Scotland Act 2000 may act. A parent or guardian can raise a claim for a child. Court approval may be needed for children’s settlements and for protected adults to ensure funds are managed in their best interests.

Rehabilitation. Insurers and solicitors often use the Rehabilitation Code to coordinate early treatment and support on a without prejudice basis, separate from liability arguments. Interim payments can sometimes be secured to fund urgent needs once liability is admitted or where the court is satisfied the defender will be found liable.

Frequently Asked Questions

What counts as a brain injury for legal purposes

Any injury to the brain can be relevant, from concussion and mild traumatic brain injury to moderate or severe injuries, diffuse axonal injury, hypoxic brain injury, and brain injuries from medical incidents like stroke mismanagement. The key issue is whether someone breached a duty of care and caused the injury and losses.

How long do I have to start a claim in Scotland

Generally three years from the accident date or date of knowledge. For children it runs from age 16. If you lack capacity, time may be paused. Courts can allow late claims in the interests of justice, but you should seek advice as soon as possible to avoid missing deadlines.

Do I need to report the accident

Yes. Report road collisions to the police and your insurer, workplace accidents to your employer who must record it and sometimes report to the Health and Safety Executive, and incidents on premises to the owner or manager. Prompt reports help preserve evidence and protect your position.

What if I was partly at fault

You may still recover compensation, but it can be reduced to reflect your share of responsibility under contributory negligence rules. Issues such as not wearing a seatbelt or cycling without lights can be considered, but each case turns on its facts.

Will I have to go to court in Aberdeen

Many claims settle without a hearing. If court proceedings are needed, your case may be raised in the Aberdeen Sheriff Court, the All-Scotland Personal Injury Court, or the Court of Session depending on value and complexity. Your solicitor will advise on the best forum and procedure.

How are brain injury claims valued

Valuation depends on injury severity, symptoms, prognosis, impact on work, care needs, accommodation, and independence. Solicitors use medical and expert evidence, case law, and guideline brackets for solatium. Serious brain injury claims often include significant future losses and care costs.

Can I get rehabilitation and interim payments

Yes. Early rehabilitation is encouraged. If liability is admitted or likely, interim payments can help fund treatment, case management, therapies, mobility equipment, and home support while the claim progresses.

What if the driver was uninsured or drove off

Claims can be made to the Motor Insurers Bureau for uninsured or untraced drivers, subject to specific rules and time limits. You should report the incident to Police Scotland promptly and seek legal advice on the correct route.

Can I claim for a child or someone who lacks capacity

Yes. A parent can bring a claim for a child. For an adult who lacks capacity, a guardian or attorney may be required. The court may need to approve settlements to protect the injured person’s interests.

How will legal fees work in Scotland

Many solicitors offer no win no fee success fee agreements. Statutory caps limit the percentage taken from damages in personal injury cases. Qualified one way costs shifting usually protects you from paying the defender’s costs if you lose, subject to exceptions for fraud or unreasonable conduct. Ask for written terms and an estimate of outlays like medical reports and court fees.

Additional Resources

Law Society of Scotland - Regulates Scottish solicitors and provides a find a solicitor service for personal injury specialists.

Scottish Legal Aid Board - Administers civil legal aid and advice and assistance for eligible cases, including some clinical negligence and fatal claims.

All-Scotland Personal Injury Court - Specialist national court for personal injury claims with streamlined procedures.

Aberdeen Sheriff Court and Justice of the Peace Court - Local court where many personal injury actions are raised.

NHS Grampian and Aberdeen Royal Infirmary - Local acute and rehabilitation services for brain injury and neurosurgery, with community therapies and follow up support.

Headway Aberdeen and North East Scotland - Charity offering practical, emotional, and peer support for individuals and families affected by acquired brain injury.

Health and Safety Executive - Regulator for workplace health and safety, and recipient of RIDDOR reports for serious incidents.

Police Scotland - Reporting of road traffic collisions and criminal assaults that may have caused brain injury.

Motor Insurers Bureau - Compensates victims of uninsured or untraced drivers in the UK under specific schemes.

Criminal Injuries Compensation Authority - Government body handling compensation for blameless victims of violent crime, including head injuries.

Social Security Scotland - Administers devolved benefits such as Adult Disability Payment and Carer’s Allowance Supplement that may assist after brain injury.

Citizens Advice Bureau Aberdeen - Independent advice on benefits, employment, housing, and debt for those affected by injury.

Next Steps

Prioritise medical care. Attend all appointments, follow clinical advice, and ask your GP for referrals to neuro rehabilitation, neuropsychology, or community therapies. Keep copies of medical records and appointment letters.

Record what happened. Write down a clear account while details are fresh. Collect names of witnesses, photos, dashcam or CCTV references, accident book entries, police incident numbers, and details for the other party and their insurer.

Track the impact. Keep a diary of symptoms, memory or concentration issues, fatigue, mood changes, and how daily activities and work are affected. Keep receipts for expenses, travel, prescriptions, equipment, and care or support provided by family.

Seek early legal advice. Contact a Scottish personal injury solicitor experienced in brain injury. Ask about expertise, likely timescales, funding options, and how they will coordinate rehabilitation and interim payments.

Check time limits. Note the three year time limit for most claims and earlier two year limits for criminal injury compensation. Do not delay in seeking advice, especially if capacity issues or child claims are involved.

Consider funding and protection. Discuss no win no fee terms, success fee caps, after the event insurance where appropriate, and how qualified one way costs shifting protects you. Get all terms in writing.

Coordinate support. Ask your solicitor to liaise with insurers under the Rehabilitation Code to fund early treatment, and with statutory services for community support and benefits. Ensure any workplace absence, adjustments, or return to work plans are properly documented.

Do not settle too soon. Brain injuries can evolve over months. Settling before prognosis is clear risks under compensation. Your solicitor will help time settlement and ensure expert evidence covers future needs.

If proceedings are needed. Your solicitor will choose the appropriate court, prepare pleadings, instruct experts, and seek interim payments where possible. Many cases still resolve by negotiation or alternative dispute resolution.

This guide is for general information. It is not legal advice. For advice on your situation, speak to a qualified Scottish solicitor.