Personal Injury claimants always come in for the usual popular bashing… You know, jumping on the bandwagon, money for old rope and for blagging etc. There’s no doubt that some people try it on when making any claim (whether that’s a Home Insurance claim, exaggerating the cost of the item they’re claiming for, or the Travel Insurance claim, exaggerating the cost of the ‘lost watch’ or amount of money in the ‘lost wallet’). It’s not right, but some people do it. However, when it’s a standard (non Personal Injury) claim, nobody seems to get worked up or give a bit of grief to the claimant.
Personal Injury compensation claimants though often feel embarrassed about claiming. The media and Insurance Industry supporters have done well in perpetuating the story about the Compensation Culture. This drip, drip story makes the majority of the UK Population who have never been unfortunate enough to need to make a Personal Injury claim believe that the whole thing is wrong and that it leads to increased premiums for them. However, the truth of the matter is very different.
Why people claim compensation
So what are claimants looking for? Usually, a claimant will have been caused a financial loss by their injury. Maybe they can’t work and don’t get sick pay. There’s a loss of wages and costs of taxis to Hospitals or GP surgery visits. They can claim an amount for the extent of the injury and then special damages to cover their loss of income and additional expenses. They have to prove these claims by the way!
But apart from money, many claimants are looking to get a decent rehabilitation treatment package out of the 3rd party. These days, more and more 3rd parties will pay a sum for the injury and for the losses, but will also agree to pay for a quality course of private Physiotherapy or Osteopathy for example so that a claimant can recover more quickly than if they had to wait for the NHS to treat them. This enables a claimant to return to their normal life at the earliest opportunity and return to work and sport. It is this that most claimants are after when they launch their claim.
A legal and human right
Personal Injury compensation claims often get a negative press. It’s a real pity, because claimants are doing nothing other than legally pursuing something to which they have a right to pursue – compensation. If you’re injured in an accident and you can demonstrate that it wasn’t your fault and that you took every reasonable opportunity to avoid the accident, you have a right to seek compensation. That doesn’t mean that you will get compensation. Firstly, you have to locate the 3rd party. They have to have been notified of the incident and it then depends on whether or not it could be demonstrated that the 3rd party could have avoided the incident and whether or not it was foreseeable.
If you, or anyone you know is suffering from the after effects of injuries as a result of an accident that was not your or their fault, call us to discuss whether or not you have a claim to pursue. We’re friendly and speak in layman’s terms.