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Anyone who has had the misfortune to suffer a personal injury and been left unable to work and therefore with no option other than to pursue a claim for personal injury compensation, should make sure that they do all that they can to ensure that any settlement that comes from their claim is fair and properly reflects just how much of an impact the injuries sustained have had on them and their life.
This isn’t dodgy or sneaky, it’s fair. The injured party hasn’t caused their accident through stupidity. The injury has been caused to them through the negligence of others. Therefore, it is vital that the injured party is properly and fairly compensated for their losses and injuries.
We have the fortune of dealing with some really nice clients, but the misfortune of having to hear of some horrible injuries and depressing stories about how their injuries have had a huge impact on their daily life, often ruining their career or education. One thing that isn’t rare though, is that many injured clients suffer in silence and don’t return to their GP or seek a referral to a consultant. Suffering in silence is very British and many clients simply don’t want to be a burden to their GP or the NHS at large. However commendable their intentions may be, it is very detrimental to their ability to ensure that they are properly compensated. This begs the question as to how a claimant can ensure that they are properly compensated.
Getting things on record and taking good advice
Most people don’t have a problem with seeing their doctor or going to A&E pretty soon after an injury, but some clients don’t go to their doctor at all, even in cases of pretty serious injuries. But what does going to the doctor have to do with a claim?
It’s all about being able to prove that an injury has occurred and that the injury treated by the doctor or hospital team matches with the accident scenario details given by a client. Hospital or GP records enable your solicitor to demonstrate that a professional medical practitioner has examined you and confirmed the injury. This (injury details) gives the basic starting point for the settlement value that your claim may achieve.
One of the best reasons why instructing a solicitor to run your claim is beneficial, even for car accidents, is that you will get decent advice about what you may be entitled to and how to go about getting things on record. Your solicitor will ensure that you get the very best settlement possible. If you have suffered an injury such as whiplash or a broken leg, you will get initial treatment. For example, a plaster cast for your leg. Medical treatment will then follow for a while with x-rays to confirm that the injury is healing as expected, the plaster cast removed and maybe some rehabilitative physiotherapy. This will all be added to your medical records. However, a lot of clients continue to suffer pain and discomfort in silence for long periods, even after months have passed since the accident.
If a claimant has suffered in silence and hasn’t returned to see their GP or hospital even though the think they really should have recovered in the time that has passed since the injury was sustained, it will very difficult for them to prove to the 3rd party (the company against which they will be making their claim for personal injury compensation) that this has been the case and they may be seen to be attempting to artificially inflate the value of their claim. This sounds mean, but why should an insurer pay out if the claimant can’t prove what they are saying?
By returning to see the GP or going back to hospital even though months have passed since being discharged, even if the doctor won’t be able to do much to greatly improve the situation, the claimant will ensure that their symptoms, current injury situation and any treatments tried and failed, will be noted on their medical records. This gives the claimant and their solicitor the proof that they need to ensure that the settlement value of any claim is settled at the maximum level available.