It is safe to say that the subject of personal injury claims attracts a lot of rumours, counter rumours and myths. Often dominated by the subject of false claims and fraudulent activity, this can see those with a perfectly valid claim frightened to take action. In this article, we will look at a number of myths surrounding personal injury claims and hopefully make things a little clearer for those contemplating a claim.
Myth #1: Personal injury claims are easy money
As we touched on above, it is unfortunate that those who have made fraudulent claims in the past have tainted the industry to a certain extent. Many people considering a possible claim are still concerned that they could attract unwarranted criticism.
The first thing to look at is the suggestion that personal injury claims are a “get rich quick” scheme, which is certainly not true. In recent times we have seen new legislation which has prompted more thorough investigations and evidence gathering, seeing more people seeking legal representation. This is why many people use the no-win no-fee service offered by claims companies. However, companies offering this service might only consider cases where they believe there is a minimum 60% chance of success.
Even if your case is taken on by a personal injury claims company, they will still need to prove fault, establish causation and then quantify damages. Thankfully, this process has proved a very useful means of filtering out suspect claims, thereby leaving more time to consider perfectly valid claims.
Myth #2: Personal injury claims always go to court
While it would be misleading to suggest that all personal injury claims do not end up in court, you would be surprised at the small numbers that go before a judge. There are several issues to consider such as the cost of legal representation, misuse of court time and arbitration. Be it days, weeks or months before a potential court case, the vast majority of personal injury claims are settled outside of court.
If you have a personal injury claim you should probably ready yourself for a court case but it is unlikely it would ever get that far. Even when faced with giving evidence in court, as long as your claim is valid and you have been truthful along the way, there is no need to be concerned. In the event that the defence was unduly aggressive towards you, the judge and your legal representation would step in as a form of protection.
When looking at settling claims out of court, this is where the skills of a personal injury claims company will provide you with a distinct advantage. As an individual fighting a defendant, and their potentially significant legal backing, it can be tempting to take the first offer. On the flip side, with your own personal injury claims company working on your behalf, they will know the true compensation value and be able to negotiate much better terms.
Myth #3: Personal injury claims are only for serious injuries
Unfortunately, there is a common misconception that personal injury claims are only for serious injuries. In reality, if you have suffered a physical or psychological injury as a consequence of the negligence of others, you are perfectly entitled to make a claim for personal injury compensation. Whether deemed a minor or a relatively serious injury, this has no bearing on whether or not you should pursue a claim. If you have suffered due to the negligence of others then the choice of pursuing compensation is down to you.
While many people will focus on the specific injuries, it is important to recognise the impact on your daily life, ability to work, home life, finances, disabilities and any other factors caused by the accident. For example, the potential financial consequences for someone who was self-employed and forced to take six months off work could be catastrophic. It is also important to note that courts now consider physical and mental injuries on a par.
Myth #4: Personal injury claims are only for accidents
Many of us associate personal injury claims with accidents, indeed we often mention accidents in our articles, but this isn’t always the case. We also have issues such as industrial diseases, mental health pressures, product liability and other such scenarios which may result in injuries. Varying degrees of responsibility and negligence will directly impact the level of any compensation award.
There are also numerous regulatory protections in the UK such as health and safety acts and specific laws addressing issues such as:-
- Medical treatment
- Workplace environments
- Standard of products
You will find that some personal injury claims revolve around scenarios where the defendant may not even be aware of their legal responsibilities. As with any area of law, ignorance is not an excuse. It is the third party’s responsibility to check and address their legal obligations.
Myth #5: Personal injury claims are not worth the hassle
Many of those who have considered making a personal injury claim are put off from doing so by ill-informed friends and family. It’s not worth the hassle, you will never win the case and any compensation would be very small, these are just some of the more common comments we hear. When it comes to making a personal injury claim there are two factors to consider:-
Personal scenario
Whilst, from the outside looking in, your injuries may seem relatively mild, there could still be medical expenses, lost income and other financial issues to take into consideration. Indeed, what may seem like an innocuous injury at the time could turn out to be life-changing. As such, if you have been injured as a consequence of negligence by one or more third parties, it is important to at least investigate the strength of your case.
Repeat offenders
Unfortunately, when it comes to businesses, individuals and even public bodies, they may not appreciate the true extent of their non-activity/negligence, until it hits them in the pocket. Consequently, pursuing your claim today could prompt a perpetrator to improve safety, whether with machinery, working practices or training, to help avoid a similar situation tomorrow. You could actually be saving lives tomorrow by taking action today!
Conclusion
Even though there is in-depth information on the Internet regarding personal injury compensation claims, it is important to take professional advice where applicable. Personal injury compensation companies will review your evidence, and the circumstances of your accident and advise you accordingly. Many offer a no-win no-fee service where they will negotiate a percentage of any compensation awarded, in exchange for not charging fees to pursue your case.
It is very important to debunk some of these common myths surrounding personal injury claims and the importance of pursuing those who have been negligent.
