In principle, pursuing a personal injury claim as a consequence of negligence should be fairly straightforward. You prove the injuries, present evidence of negligence and leave the courts to decide a level of compensation. In reality, there is much more to pursuing a personal injury claim. This is where personal injury solicitors come into their own, they can advise you, guide you and help you avoid the simple mistakes many people make.
Even If Partly To Blame You Could Still Claim Compensation
There is a general misconception that if a victim is partly to blame for their accident and resulting injuries, there is no point pursuing a claim. In reality there are many situations where a victim may be partly to blame. A common scenario is a passenger in a car not wearing a seatbelt and receiving injuries as a consequence of a road traffic accident. If you take a step back and look at this from a distance, if the driver of the vehicle the passenger was in or any other vehicles involved were negligent then why should they be exempt from paying out any compensation?
Concerns About Appearing In Court
Unfortunately, the idea of standing up in a court room has caused many people to reconsider pursuing claims for compensation. While much of this concern is probably magnified by the media sensationalising court cases, and TV programmes, this should not be a major concern. Statistics show that claimants are only called to give evidence in around 1% of compensation claims. In the vast majority of cases the claims are either dismissed or negotiated prior to what can be relatively expensive court time.
In the event that a claimant is called to give evidence the likelihood is that they will only be asked to go over their statement. In the case of a fraudulent claim the experience may be a little more challenging but those with legitimate claims should not afraid of going to court.
Not Asking Simple Questions
It is sometimes easy to become overwrought and decide against asking relatively simple questions because you might feel “stupid”. The likelihood is that whatever the question it will have been asked hundreds of times before by previous victims of personal injury. Misunderstandings between solicitors and their clients can in some circumstances undermine a perfectly legitimate personal injury claim. If you have ANY questions it is vital that you ask as soon as possible to avoid misunderstandings and confusion. Remember, your solicitor is representing you.
Claimants Representing Themselves
Some claimants pursuing compensation have decided to represent themselves as a means of cutting costs. In reality, as the vast majority of claims are pursued on a No Win No Fee arrangement there is already a degree of protection inbuilt. On the surface, a personal injury claim may seem perfectly legitimate but when you dig below the surface legal technicalities can come into play. Unless you have experience of legal proceedings there is always a chance you may make a mistake and your case could be thrown out on a technicality.
Although statistically a personal injury solicitor will always have a much higher chance of winning maximum compensation than somebody unfamiliar with the law that’s not to say that if you did go down the route of representing yourself that you wouldn’t be successful.
Settling On The First Offer
There is nothing to stop those representing a defendant from approaching the victim directly with an offer of compensation. Unfortunately far too often the claimant will agree in order to assist with cash flow issues. In reality, your solicitor may well be able to secure interim payments where negligence has been accepted but compensation is yet to be awarded. This will assist with cash flow issues associated with medical expenses, reduced income and other knock-on effects from the accident.
By reducing short-term cash flow pressure, this allows the victim, together with their representatives, to concentrate on securing a more appropriate level of compensation. If you are ever approached directly about accepting a compensation offer it is vital that you refer the offer to your personal injury solicitor.
Keeping Account Of Your Expenses
While it would depend upon the type of injuries received, the level of expenses incurred as a consequence of an accident can very quickly accumulate. It is relatively easy to prove loss of earnings and other “traditional” expenses but there may well be others to take into account. It is therefore vital that out of the ordinary expenses, as a consequence of your injuries, are recorded with receipts and paperwork retained.
There have been far too many cases where perfectly acceptable expenses have been put forward without the relevant paperwork. Unless you are able to backup any expense claims, unfortunately there is a risk that you will miss out. If you keep records of every expense connected with your accident and injuries, in a worst-case scenario some may be dismissed by the judge. However, at least this method ensures that you receive the correct recompense.
Failure To Report All Medical Symptoms
There are many types of injuries which are self-evident and fairly easy to diagnose. However, not all injuries can be diagnosed immediately and some can take days, weeks, months or even years to emerge. In the past we have seen advertising campaigns targeting those suffering from, for example, asbestos related medical issues but unfortunately not all victims have come forward. It is therefore essential that any symptoms, which you even suspect may relate to an accident or incident sometime in the past, are reported to your doctor and solicitor as soon as possible.
With some medical conditions it can be a case of putting the pieces of the jigsaw together and symptoms which are not reported could be an important part of this. In a worst-case scenario, your doctor/solicitor may advise you that the symptoms and your accident are unconnected.
Failure To Report Psychological Injury
Many people still fail to recognise that psychological and physical injuries are treated in a similar fashion by the courts. The idea that just because you cannot see a psychological injury means it does not count was consigned to the history books many years ago. Psychological injuries could include the emergence of phobias, depression and anxiety which can have as material an impact on your life, if not more, as a physical injury. We know from everyday life that those suffering from psychological issues tend to receive significantly less attention and sympathy than those with more visual issues. So, it is essential that you report not only your physical injuries but also any psychological injuries which emerge as a consequence of your accident.
Compensation for psychological injuries are detailed in the Judicial College guidelines which are used by the courts and insurance companies to calculate compensation payments.
Specialist Cases Can Require Specialist Solicitors
While the vast majority of personal injury solicitors in the UK will have experience across a range of different accident types, some may require specialist attention. So, when approaching a solicitor to consider your case, it is advisable to enquire about their level of expertise in a particular field. For example it is highly likely that solicitors specialisng in medical negligence will have third party advisers’ available covering an array of specialist medical conditions. However, there is no harm in asking what experience they have with your type of claim.
Pursuing Compensation Can Take Months And Sometimes Years
Historically, there has been a misconception that pursuing even the most obvious personal injury compensation claims may take just a matter of days or weeks to conclude. The reality is that the cogs of the UK legal framework often grind very slowly with significant paperwork, research and negotiations to undertake before a claim can be finalised. This is another reason why No Win No Fee arrangements are popular in the UK – they negate direct costs associated with your solicitor.
Conclusion
When all is said and done, it is worth remembering that personal injury solicitors represent you and are there to answer any queries. Even relatively straightforward cases can be undermined by confusion and uncertainty between the solicitor and the claimant. So, if you have a question, no matter how trivial you may think it is, you should raise the subject at the earliest opportunity.
