Compensation & How It's Calculated — 16 Frequently Asked Questions
Compensation for a personal injury claim in Scotland is split into solatium (for the pain, suffering, and loss of amenity caused by the injury itself) and special damages and services (your actual financial losses and care costs under sections 8 and 9 of the Administration of Justice Act 1982). Scotland has no official guideline document of its own, so the Judicial College Guidelines are used only as a persuasive cross-check.
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How is compensation calculated for a personal injury claim in Scotland?
Compensation is split into solatium (for pain, suffering, and loss of amenity) and special damages and services (your actual financial losses and care costs), with solatium informed by Scottish case law and, as a persuasive cross-check, the Judicial College Guidelines.
What is solatium?
Solatium is the Scottish term for compensation for the pain, suffering, and loss of amenity caused by an injury — broadly equivalent to what's called "general damages" in England and Wales.
What is the difference between solatium and services?
Solatium compensates the injury itself, while a "services" claim (under sections 8 and 9 of the Administration of Justice Act 1982) covers the value of personal care and domestic services provided to you because of your injury, or that you can no longer provide to others.
Can I claim for loss of earnings?
Yes, both for time already off work and, in more serious cases, for a reduced future earning capacity, usually supported by expert evidence on how your injury affects your career prospects.
Are the Judicial College Guidelines used in Scotland?
Scotland has no separate official guideline document of its own — Scottish courts and practitioners use the Judicial College Guidelines as a persuasive cross-check alongside Scottish case law, not as a binding starting point, so valuations can differ from the English guideline figures.
What is a judicial tender, and how does it affect what I get?
It's Scotland's formal settlement offer mechanism with cost consequences attached — accepting or rejecting one at the wrong time can affect who pays legal costs, so it's not just about the headline compensation figure.
Can I claim for future medical costs?
Yes, including private treatment, ongoing physiotherapy, medication, and equipment you're likely to need going forward, provided this is supported by medical evidence on your prognosis.
Does Scotland recognise a loss of future employability, even if I'm not currently out of work?
Yes — Scottish courts recognise a similar type of loss to England's "Smith v Manchester" awards, compensating for being put at a disadvantage in the job market even where you're not currently unable to work.
Can I claim for care provided by a family member?
Yes — under sections 8 and 9 of the Administration of Justice Act 1982, you can claim for the value of personal care and services provided by a relative or friend because of your injury, even though they weren't paid.
What if my injury affects my ability to do housework or DIY?
You can claim for the value of services you can no longer perform yourself, under the same section 8/9 services framework, valued either as the cost of hiring help or as part of a broader damages assessment.
Is compensation for personal injury taxed?
No — compensation for personal injury is generally not subject to income tax or capital gains tax anywhere in the UK, including Scotland, whether received as a lump sum or in instalments.
What if I need adapted housing because of my injury?
In serious injury cases, compensation can include the cost of adapting your home (or moving to a suitable one) to accommodate mobility needs, care equipment, or other consequences of the injury.
Can compensation include the cost of a case manager?
Yes, in serious or catastrophic injury cases, the cost of a professional case manager who coordinates your care, therapy, and support services can be included in your claim.
Why do compensation amounts vary so much between similar-sounding injuries?
Because valuation depends on the specific severity, duration, ongoing impact, and evidence in each individual case — which is exactly why a solicitor's individual valuation, rather than a generic figure, matters.
Can I claim compensation for a miscarriage caused by negligence?
Yes. The 18th edition of the Judicial College Guidelines, published in April 2026, introduced a dedicated bracket for miscarriage, currently ranging from about £2,750 to £17,000. In Scotland that bracket is a persuasive cross-check for solatium rather than a binding starting point, and where a case falls within the range depends on factors including the stage of gestation, how long symptoms lasted, and any continuing effect on future conception.
Which edition of the Judicial College Guidelines applies now?
The 18th edition, published on 9 April 2026, raised most brackets by roughly 8.26% to reflect Retail Prices Index inflation to August 2025. Scotland has no official guideline publication of its own, so the JCG is used here as a persuasive cross-check alongside Scottish case law rather than as a binding starting point.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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