If you suffer an injury through no fault of your own, you may be entitled to make a claim for compensation. If your injuries are serious or have a major impact on your income, your ability to work or the quality of your life generally, you may be entitled to a very substantial sum.
However, many are put off making a claim and lose out completely, because of fears based on various myths and misconceptions about what making a claim entails.
We’ve listed below eight of the most common fears and why you shouldn’t worry about them or put off speaking to us.
- I’ll have to pay huge legal fees
Since Legal Aid for personal injury claims was abolished in England and Wales in 1995 nearly all claims are now brought using 'no win no fee' agreements. Quite simply, if you don’t win or if you have to abandon your case then providing you keep to your part of the agreement, you won’t have to pay us anything.
If you do win you will probably have to pay a percentage of your compensation towards our fees, but you’ll still get not less than 75 per cent of your net compensation.
- Solicitors will charge me for their time if I ask them about a claim which turns out to have no grounds or one which they cannot take on
If you believe you may have a personal injury claim we will happily provide initial advice entirely free of charge and without obligation even if we have to turn it down. This will usually consist of at least one advice session in person, on the telephone or in writing/by e-mail if you prefer. There is absolutely no charge for this if we don’t take your claim on.
- The claims process will take years
The majority of claims are resolved relatively quickly – usually within about 8-12 months, though if the injury is very serious or if it takes a while for you to recover it will probably take longer. Even then, however, most claims are settled without any need to wait years.
- I’ll have to go to court
Many people are discouraged because they think they will have to go to Court, which can be a frightening and stressful prospect. However, the vast majority of claims never get that far as all but a small fraction are settled before trial. Most insurers when faced with a genuine claim will be anxious to settle to avoid unnecessary costs and the costs of a trial in particular.
- The claims process will be complicated and time consuming
Apart from spending time filling in paper work at the outset and attending a medical examination there actually isn’t a lot to do and the process is much more straightforward than you might imagine. Once the initial paperwork is signed it is our responsibility as your solicitors to handle the day to day running of the case and all you will generally need to do is provide information and sign documents when asked.
- I’ll become part of the 'compensation culture'
Despite reports that the British public now claim for anything and everything, in much the same way as the Americans are perceived to do, there is actually no evidence to support this, and it is not borne out by our experience. In fact, according to a 2013 report by Which? the number of people bringing claims for compensation is the same as it was in 1989. Then, as now, the great majority who make a personal injury claim are those who genuinely need help.
In terms of accidents at work alone statistics published by APIL (The Association of Personal Injury Lawyers) show that six out of every seven workers who are injured or made ill through work get no compensation at all. This is usually because they don’t make the claims they are entitled to.
- I’ll lose my job if I make a claim against my employer
Almost all employers hold suitable insurance cover for accidents and illnesses suffered at work and understand your need to be compensated properly, particularly if your injuries have caused a loss of income. In fact, many employers will even encourage their employees to claim what’s rightfully theirs where they recognise that something has gone wrong at work due to a fault on their part.
In the very unlikely event that you were to be dismissed because of your claim you would probably have grounds to claim unfair dismissal.
- You are better off dealing directly with the insurance company
Many seem to think that dealing directly with insurers rather than contacting a solicitor will be quicker, easier and more productive. It is true that a conclusion may be reached more quickly, but it’s highly likely you will miss out on the full amount of compensation you are entitled to.
The goal of insurers is generally to settle your claim as cheaply as they can, and this usually means offering compensation which is less, and often far less, than you deserve and to do so quickly before you have had chance to take or think about taking legal advice. You run the risk of losing substantial compensation which is rightfully yours if you try to manage your claim without a solicitor.
If you have had an accident you should not be put off by the scare stories you may have heard. On the whole, making a claim or just enquiring about whether you can make one, is now quicker, easier and less risky and stressful than it has ever been.
If you have had an accident or suffered an injury because of something which wasn’t your fault please contact David Brown at [email protected] or call 0114 266 6660.
