The personal injury claims market has grown significantly over the last 20 years or so. The “where there’s blame there’s a claim” culture has to a certain extent migrated from the US – where this has been a huge market for many years. Where there are potentially large amounts of money up for grabs, strict regulations and often confusing headlines, facts, fiction and myths generally arise. It is fair to say that the personal injury claims market ticks all of these boxes!
We therefore thought it would be interesting to take a look at some of the facts, fiction and myths behind the personal injury claims market to make things simpler, more straightforward and clear the water a little.
Do You Need A Lawyer To Make A Claim?
This is a very interesting subject and one that often crops up with an array of confusion. In simple terms, anyone pursuing a personal injury claim, or for that matter defending a claim, can choose self-representation – they do not need to appoint lawyer, solicitor, or any other kind of legal adviser. While there are pros and cons to appointing legal advisers this is a decision which should be taken only after careful consideration.
It is highly unlikely that any individual outside of the legal profession will be aware of court etiquette, how the legal system works and behind-the-scenes negotiations. Experienced legal advisers will be able to put your case as strongly as possible, ensure the correct evidence is presented to the courts and where applicable look at an out-of-court settlement. There is also the issue of recovering from the injuries sustained which led to the personal injury claim, do you really need the additional stress and strain of representing yourself in a courtroom?
Do I Have To Pay My Legal Costs Upfront?
The vast majority of personal injury claims will not even make it to the courtroom although they can still rack up hefty fees along the way. The system works in such a way that successful personal injury claims will not only lead to a compensation agreement but also the repayment of legal costs. Where there is a legitimate claim, and it is simply a case of agreeing a compensation figure, this is where out-of-court settlements often arise.
If the defending counsel sees the writing is on the wall and a compensation claim would likely be awarded by the courts then they will no doubt step forward with an out-of-court settlement offer. Thankfully, the vast majority of personal injury claims lawyers will work on a No Win No Fee basis which seems to work well for all parties. This means they are unlikely to take on borderline cases, there will be no upfront legal costs for those pursuing a claim and the claimant will have invaluable legal representation to hand to ensure the best outcome possible. Can you imagine the reduction in the number of valid personal injury claims if all legal fees had to be paid upfront? We can already hear the accusations of bias!
Will I Have To Give Evidence In The Courtroom?
There are many different aspects of legal advice which should be taken into consideration when pursuing a personal injury claim. In real life we only see the courtroom representations when in reality there is much more work going on behind-the-scenes. The vast majority of personal injury claims will never even see a courtroom, and will be settled out of court, thereby eliminating the need for a claimant to give evidence in the often challenging environment of a court. The simple fact is that nobody is comfortable giving evidence in a court case, especially one where there may be a borderline personal injury claim, because it is the task of the prosecution to dismantle the case and to a certain extent discredit the claimant. If your case was to go to court, your legal representatives are there to support you, guide you and let you know what to expect when giving evidence.
Those who pursue borderline or potentially fraudulent personal injury claims through the courts may experience an uncomfortable session in the witness box. You can bet your bottom dollar that any lawyer worth their salt would be able to unpick a fraudulent case and perhaps discredit a borderline claim in order to reduce any compensation figure. However, as we mentioned above, by far and away the vast majority of personal injury claims will never see the light of a courtroom and will instead be settled in private.
Can I Claim For Psychological And Emotional Injuries?
In many ways the personal injury claims market reflects normal life in that many of us discount psychological and emotional injuries because we simply can’t see them. This is perhaps where the myth that you can only pursue compensation for physical injuries in a personal injury claim has come from.
Emotional and psychological injuries could include things such as depression and anxiety although any successful claim would need support from the medical profession. However, this is not as difficult as many might assume because doctors are trained to spot emotional and psychological injuries and question those which may be suspect.
This is probably another area where legal advice is worth its weight in gold because any compensation claim for just physical injuries could be significantly less than claiming for additional emotional/ psychological injuries. In the aftermath of an injury it is sometimes difficult for the victim to comprehend all that has happened with some physical and psychological injuries only becoming clear over time. As a society we need to get away from the idea that injuries are only physical because very often psychological/ emotional injuries can be more damaging to a person’s life.
Is The Legal System Biased Against Personal Injury Claims?
If you look at the press, not only in the UK but around the world, you would be forgiven for assuming that the legal system is biased against personal injury claims. We hear accusations of fraud, insurance companies spending millions of pounds on detection systems and it seems that the whole legal world is against bone fide personal injury claims. However, is this really the case?
As we touched on above, the vast majority of bone fide personal injury claims are settled out of court. These settlements often remain private and are unlikely to hit the headlines which probably suit the defendant as their reputation would remain intact to a certain extent. It is difficult to say with any confidence what percentage of personal injury claims are settled out of court, because of privacy agreements, but we know of course from experience that only a fraction of the claims lodged end up in the courtroom.
So, while the mass media may give the idea that the legal system is pursuing all personal injury claims as fraudulent, this is not the case. They will continue to pursue fraudulent and borderline cases; they will invest millions of pounds to achieve this but the legal system still offers a balanced playing field for all personal injury claims when it comes to defendants and claimants.
There are many more myths surrounding the personal injury claims market which we will cover in later articles.
