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This article was published on April 25th, 2019
The legal system in England and Wales can be extremely complex at times and as a result, the layperson can be excused for believing some of the common personal injury myths and rumours that surround personal injury claims.
In this blog post, our team aims to dispell some of these mistruths, debunking personal injury myths in order to ensure you have the knowledge and understanding you may need in order to pursue a personal injury claim.
These myths can often result in people being put off from making a claim that they may actually be eligible to make and losing out on vital funds that could help with their recovery and well-being after their accident.
Whilst commentators may suggest that personal injury compensation claims have created a ‘compensation culture’ in recent times, the latest figures show that personal injury compensation claims are at their lowest for almost a decade.
The figures released by the Department of Work and Pensions Compensation Recovery Unit, highlight that the overall number of claims has fallen by 13 percent with motor claims falling by 17 percent whilst Clinical Negligence claims fell by 3 per cent.
Therefore, if you have been deterred from making a personal injury claim because you don’t want to contribute to a so-called ‘compensation culture’ we hope this allays any fears you may have had.
Every member of staff has the right to be provided with a safe workspace whether it be an office or a building site. As a result, if you are injured and it was someone else’s fault, you may be eligible to claim compensation, even if the fault lies with your employer.
However, many people may not pursue a compensation claim for fear of losing their job. The truth is if you have been involved in an accident at work and it wasn’t your fault you have a right to compensation and in most cases, an employer would not consider dismissing you for making a claim against them.
Those who may dismiss an employee for making a compensation claim against them face the prospect of an employee bringing a claim for wrongful dismissal against them if the reason they were dismissed was that they made the compensation claim.
In the UK there is a multitude of companies both big and small. One myth that is often encountered is that if a personal injury is sustained as a result of a big company’s negligence, then there is little to no chance of a claim being successful.
This is not true.
The laws in England and Wales are some of the most comprehensive in the civilised world and offer protection for a host of scenarios, whether it be operating a vehicle, health and safety, or the maintenance of roads and footpaths.
If you believe you have been dismissed by your employer as a result of making a claim against them, then our Employment Law and HR team can assist you. Get in touch today by calling 01625 507 506 and our team will do all they can to help.
This is another myth that isn’t always true. Whilst there are many cases that can be complex in nature, there are also many claims that are much more simple to settle.
Claims where liability is established early on in the process, where the guilty party admits fault, are the less complex claims to settle, whereas those involving liability disputes can lead to complications and can take longer to conclude.
This myth is closely linked with the myth that every personal injury claim is complex, as it is complexity that prolongs the settlement process.
In reality, claims can be settled over a period of months or years depending on the amount of medical evidence required to prove the full extent of your accident-related injuries.
Paying your legal fees upfront sounds daunting, and it could be. With legal aid for personal injury claims being abolished in 1995 in England and Wales, a claimant may be wondering how they could possibly fund their personal injury claim.
Here at Thorneycroft Solicitors, our team works on a no-win-no-fee basis meaning we remove as much financial hardship as possible in order to help you focus on your recovery.
By choosing one of our no-win-no-fee solicitors to represent you in your claim, you can rest assured that if your claim is unsuccessful, you won’t need to worry about paying for the service.
If any of the myths we’ve mentioned above have meant you’ve put off making a claim, don’t worry, there may still be time to begin your claims process.
Get in touch with a member of our personal injury team today to see if you are still eligible to make a claim for compensation.
You can contact us by calling 0800 1979 345 or you can complete our online enquiry form and we’ll get back to you at a time that suits you better.
