The costs can vary based on the complexity of the case and your financial circumstances. At Calio Claims, we are transparent and will discuss all fees upfront.

Typically, the costs are recovered from the third-party insurers. We offer various funding options, including ‘no win, no fee’ agreements if we believe there are good grounds to make a claim. You may in some circumstances be eligible for legal aid funding.

Your rights and well-being are our top priority. For more detailed information on funding your claim, contact us directly.

For personal injury claims in Scotland, the time limit for pursuing a claim for damages is three years from the date of incident or harm. However, in medical negligence compensation claims, this can be tricky to establish as there are other factors taken into consideration.

The ‘date of knowledge’ is important – this is the date that you made or should have reasonably made a connection, or someone told you of the connection between your injury, pain and suffering and possible negligence. If you have not raised and served a court action within the three-year limitation period, then your right to claim will be statute-barred. This is why it is so important to seek legal advice as soon as you believe you may have suffered medical negligence.

There are many reasons why your date of knowledge of the harm may be far different to the date of the harm itself. Symptoms, pain and suffering may not begin for some time, or there could be a delayed diagnosis.

If there is no confirmed date of knowledge in the medical history, i.e. it wasn’t a medical professional who brought this to your attention, then the date of knowledge will be the date you personally made the connection between your injury and possible negligence. This can be very tricky to pin down and will often take into account several factors, including:

• your mental capacity
• the significance of the alleged negligence
• who carried out the procedure
• when you ought to have had knowledge or made the connection.

If the injured person lacks the mental capacity to bring a claim and has done so prior to or from the date of harm, then it is accepted that the three-year time limit will not expire until they regain capacity. If they are not expected to regain capacity, then the time limit will never apply, and a claim can be brought at any time. If the injured person loses capacity after the date of harm, then the time limit applies as normal.

If the injured person sadly dies during the three-year limitation period, then the three years is extended to the date of death or their date of knowledge of harm, whichever is latest.

The court has discretion over whether to allow a claim outwith the three-year time limit under section 19 of the Prescription and Limitation (Scotland) Act 1973. However, this is rare and requires exceptional circumstances.