There’s a great deal of misinformation about personal injury claims. As a result ‘fake news’ can easily become the accepted truth and lead to misperception surrounding the whole topic of personal injury litigation.
While people get injured every day, claims volumes have fallen significantly in recent years.
A recent report by the Association of Personal Injury Lawyers (APIL) reveals that nearly half of all personal injury victims entitled to do so do not claim.
The upshot is that large numbers of injured people choose to struggle on rather than seek the help and support that could make such a difference to them and their families following an accident caused by someone else.
Here, we answer 5 common questions that often worry those involved in accidents and discourage them from making a claim. We aim to debunk these common misconceptions. By doing so, we hope to encourage more people who have suffered injury because of an accident which wasn’t their fault to claim the compensation and source the rehabilitation they deserve.
1. Will I have to go to court?
Most people are understandably put off from pursuing a personal injury claim by the prospect of having to attend a Court hearing. We can reassure them straightaway; only a small percentage of personal injury claims reach trial.
While millions of us suffer personal injury each year, Ministry of Justice figures show that a mere 6% of the County Court claims issued in the three months from April to June 2022 were for personal injury cases.
It remains the case that only a small percentage of all personal injury claims get as far as a court hearing, with most settling before that stage. Even if the matter gets to court, it’s often the case that the parties legal representatives still manage to come to an agreed settlement even at this late stage. This type of settlement is known as ‘settling in the corridor of the court’.
Personal injury claims are governed by a strict protocol under which the parties must disclose all relevant facts and information at an early stage of the claim. They can therefore assess the merit of each other’s position early on and enter into settlement discussions accordingly. Such discussions continue even after a claim has been issued and throughout the various stages of court procedure. The parties to a claim can settle the claim by agreement at any stage before the conclusion of the trial.
Even insurers prefer to avoid going to court if they can. If an insurer believes your claim has merit, it is in their interests to settle it before trial. No insurance company wants to incur the time and cost of a Court hearing that they are likely to lose.
Sometimes, if the case has a potentially high value in terms of the damages that a judge could award, the insurers may deny liability early on but still engage in meaningful settlement talks and make more sensible offers as the trial date approaches.
If your case does reach trial, the reality will be very different to that portrayed in the media. Personal injury claims are heard before a judge, not a jury. The judge appointed to the case will have vast experience in personal injury matters and ensure that everyone receives a fair hearing.
2. Can I claim if I was partly responsible for the accident?
Some people think they can’t bring a claim for personal injury if they contributed in some way to the accident which caused their injuries. This is known as ‘contributory negligence’.
Even if you were to blame for some of the events which led to your accident, the other party must be to blame for the rest. For example, if you were 40% to blame for the accident, it means the other party was 60% to blame.
Whilst the amount of compensation you can expect to recover in such cases is lower than if the blame lay entirely with the other party, you will still be entitled to damages based on the percentage for which the third party was at fault. In the case of our example, you would receive 60 percent of the compensation you would have got had you not been partly to blame for the accident.
3. Can I claim for psychological injury?
The phrase ‘personal injury’ often conjures up images of physical injuries resulting from road traffic accidents, slips, trips and falls, and accidents at work. Whilst these types of physical injuries account for the majority of personal injury claims, personal injury law provides redress for a wide range of injuries, including psychological harm.
For some accident victims, a serious accident can lead to psychological as well as physical injury, and those psychological injuries can have a significant impact on a victim’s day-to-day life. An accident which leaves only minor physical scars can still leave the claimant with profound psychological suffering.
Conditions such as:
- post-traumatic stress disorder,
- anxiety,
- depression, and
- stress
may leave the sufferer unable to return to work, cause issues with personal relationships and leave the injured party unable to carry out tasks they previously took for granted.
Somebody involved in a road traffic accident, for example, may suffer stress, anxiety and panic attacks brought on by the thought of getting back on the road and thus be unable to travel in a vehicle for some time.
The law recognises that those who suffer psychological harm because of an accident which wasn’t their fault should be entitled to compensation for psychological injuries in the same way they would be for physical injuries.
You can claim for psychological injuries and any physical injuries suffered in the accident.
4. Will making a claim cost me a lot in legal fees?
The thought of mounting solicitors’ bills and court costs can be enough to discourage those with even the strongest of personal injury cases from making a claim. However, bringing a personal injury claim can be financed using a ‘No Win No Fee’ agreement.
No Win No Fee agreements enable individuals unable to pay legal fees upfront to pursue their claim with the peace of mind that if they don’t win, in most cases, they will not have to pay a penny to their legal team.
Some people are suspicious of the apparent simplicity of No Win No Fee arrangements and worry that they are somehow designed to catch them out.
Personal injury No Win No Fee agreements are designed to ensure that everyone who sustains injury due to someone else’s negligence has access to justice, regardless of their financial circumstances.
At Mooneerams, we act for most of our clients on a No Win No Fee basis. Our guide to No Win No Fee agreements explains the nature of the arrangements in more detail and addresses some frequently asked questions.
5. Will I become part of the ‘compensation culture’?
The widely held notion that the UK has become a ‘compensation culture’ is as disappointing as it is untrue. Many such misconceptions come from misunderstandings, and the way media coverage sometimes portrays personal injury claims.
The idea that the system is rife with unscrupulous individuals making fraudulent claims is quite simply a myth. As the APIL report proves, the exact opposite is true; a great many people who suffer injury because of a third party’s negligence do not claim the compensation to which they are entitled. According to APIL, 7.5 million people don’t claim when they could, and it’s likely this figure is higher since not all accidents are reported.
Furthermore, a personal injury claim will only succeed if the person bringing the claim can prove that a third party’s negligence caused their accident.
Any damages awarded are intended to compensate the victim for the losses they have sustained as a result of their injuries, and losses they are likely to incur in the future. Damages are carefully calculated and do not represent a ‘windfall’ but instead are intended to put the accident victim back in the position they would be in had the accident not happened.
It is not always possible to fully compensate an individual for the pain and suffering they endure by financial means, but damages go some way towards alleviating the harm caused by the accident. Compensation allows victims to take the time they need to heal, without the additional worry of lost earnings and ongoing medical expenses.
Why you shouldn’t be put off from making a claim
The definition of a misconception is ‘a view or opinion that is incorrect because based on faulty thinking or understanding’, and the points we’ve covered here are just that – incorrect assumptions about the personal injury claims process.
Not only do such perceptions result in accident victims missing out on the compensation they need to cover any financial losses their injury causes, but it also means that they do not access the treatment and rehabilitation that could make a real difference to their long-term prognosis. The role of a personal injury solicitor goes beyond recovering damages; it involves identifying and securing the help and support their client needs to recover as fully and quickly as possible.
By contacting Mooneerams, you can have an initial conversation with one of our personal injury lawyers to put your mind at rest. There’s absolutely no obligation to proceed after an initial discussion, but understanding where you stand and what’s involved in making a claim can help demystify the process and give you a better idea of what you can expect, both in terms of compensation and rehabilitation.
The APIL report noted that 86% of people who seek legal help following an accident would recommend others to, reiterating that the negative perception of the claims process is at odds with reality.
If you’ve suffered personal injury in an accident that wasn’t your fault, don’t let misconceptions put you off seeking the compensation you deserve. Call Mooneerams today on 029 2199 1927.
A short conversation with one of our personal injury experts will put your mind at rest and may encourage you to make the claim and get the compensation you deserve.
Posted in Personal Injury Claims
