While some people are sceptical of personal injury compensation claims, due to dubious or fraudulent claims in the past, many people pursue perfectly valid claims. There is a general misconception that valid claims will “look after themselves” when unfortunately this is not always the case. There are many actions you can take to maximise your chances of a successful personal injury claim. Very often, when presented with irrefutable evidence of negligence, many defendants will look for an out-of-court settlement.
So, what issues do you need to consider?
Take professional advice at the outset
If you have been injured as a consequence of negligence by one or more third parties, it is important that you take professional advice as soon as possible. A personal injury solicitor will review your case, give their advice and suggest your next course of action. It is important to note that many solicitors work on a no-win no-fee basis. Consequently, they will only take on cases where they believe there is a decent chance of success. Why?
On this basis, the maximum share of compensation allowed for a success fee under current legislation is 25% plus legal costs. In a successful claim, the legal costs are normally paid by the defendant and together with a 25% share of compensation can be significant. However, these payments will only be received by the solicitor if the claim is successful. Otherwise, they will need to stand their own legal expenses which in complicated cases can be relatively high.
Don’t milk your claim
Whether you have a relatively straightforward or a complicated claim, there can be a temptation to over exaggerate certain elements of your case. While you may not necessarily be telling lies, the issue of milking your claim is not one that you should consider. Why?
If you have a valid claim for compensation then the evidence should quite literally speak for itself. There should be no need to exaggerate, embellish the situation and potentially cast you in an untrustworthy light. If the defendant’s advisers or the judge (if it went to court), suspect you are being dishonest and milking your claim, this could make you an unreliable witness. Even perfectly valid compensation claims can collapse if you, or another witness, were deemed unreliable. Don’t take the chance!
Gather witness statements
In a perfect world, the victim of negligence will be able to document the scenario just prior to the accident, the accident itself and the aftermath. This is something that should be done sooner rather than later as very often memories fade or become blurred. Even if your evidence appears to be “irrefutable” it is important to gather as many witness statements as possible.
Some witnesses may pick up on specific issues which you failed to address, that could further strengthen your case. In some cases, where it comes down to your word against the defendant, this can be challenging at the best of times. So, as soon as possible, you should contact any witnesses relevant to your claim and ask them to submit written evidence. In some cases, additional evidence supplied by third parties could strengthen your case and even increase the level of compensation awarded.
Gather medical evidence
There are two types of medical evidence generally required for personal injury compensation claims. There is the immediate aftermath of the incident, and the injuries received, and then we have the long-term impact. While the vast majority of injuries may be relatively minor, healing in a matter of weeks not months, others could have a longer term impact. There are numerous reasons why compensation claims may be delayed, one of the more common is to assess the long-term impact on a person’s well-being.
It may be that you make a full recovery after a few months or there may be long-term ramifications for your health and well-being. An experienced personal injury solicitor will insist that you wait until you are fully recovered, or you have a long-term diagnosis for your injuries. Waiting until you are fully recovered, in a reasonable timescale, will not negatively impact any compensation. It will demonstrate how your life was affected, both physically and mentally. The diagnosis of long-term medical issues is very important when negotiating not only lost income but also medical expenses going forward.
In the majority of cases, once you sign a compensation agreement, there is no going back, no further action, the case is closed. Consequently, this is why you should wait until you either make a full recovery or your long-term diagnosis is available.
Let your personal injury solicitor negotiate compensation
There have been numerous scenarios where individuals have decided to negotiate their own compensation with a defendant’s legal advisers. In our experience, very rarely does this end well. Remember, the defendant’s lawyers do this day in day out, negotiating settlements, and you will likely have little experience. In some situations the claimant may be struggling financially, and feel forced to take the first offer, while others are simply blinded by the numbers.
Where liability has been admitted, and it is simply a case of negotiating compensation, it may be possible to agree an interim payment while the final figure is agreed. This will alleviate some of the pressure for victims, creating breathing space where they can consider offers and counteroffers. Where claimants are “blinded by the numbers” this often plays into the hands of the defendant with a successful low-ball offer. However, claimants rarely consider both direct loss of earnings and also compensation for physical and/stress/mental pressure.
Personal injury solicitors do this for a living, negotiating settlements to maximise not only the claimant’s payment but also their own commission. In many cases, it pays not to get involved in the compensation negotiations until you are required to sign on the dotted line. Even if you were to pursue a perfectly valid compensation claim in the court, which will be the next move after negotiations collapsed, there is no guarantee of success.
Summary
What can we take away from the above points?
- Firstly, ensure that you take professional advice at the earliest opportunity.
- Secondly, don’t milk your compensation claim because this may see you noted as an unreliable witness.
Also, you can never have enough evidence to support your claim.
