Top 10 Injury Claim MythsIn the injury claims business, we find that many potential clients hold strong (and often misconceived) views, and below is a list of the most common ones.
01 - The legal system protects the wealthy corporationsThis is a misconception that has been held by many people for a long time. It is far more accurate to say the opposite is true. The United Kingdom has laws that ensure the individual is well protected and there are many examples where large companies or councils or other public service providers must be fully accountable and where the individual can raise a complaint, following which, a full investigation must take place. It is widely accepted that these organisations have a duty to the public they serve and as such, must be fully accountable. Free advice is an option open to you or me but is not an option for companies. The only thing that stands in your way of making a genuine claim is a lack of action by you. 02 - You won’t receive medical treatment during your claimInsurance companies have now realised that if they take the lead and ensure that victims receive treatment as soon as possible, this is likely to improve their recovery time considerably. This will have a major benefit to the insurers, as it will reduce the value of the injury claim. It is a case of paying out a little now to make substantial savings in the future. As an example, many insurers will agree to pay for physiotherapy treatments following whiplash type injuries. 03 - If you make a claim against your employer, you will lose your jobUnderstandably, if you are injured at work and consider claiming against your employer, one of your first thoughts is, ‘will I get sacked’? Any decent employer will want the best for their employee and it must be remembered, it is not the employer who will pay your claim. It is their insurers. An employer will also realise that if they sacked their injured employee, not only would they be facing a claim for compensation. They would also be facing an employment tribunal for wrongful dismissal. This would certainly send out a negative message about the company to its other employees. Of course, there are some employers who will threaten and there are some who will see a benefit in trying to settle the claim ‘in house’ but we will always recommend the same – obtain free legal advice. 04 - Britain is in the grip of a ‘Compensation Culture’This has been a major concern that has been publicised over the past few years and the majority of people believe it. It is quite simply not true. Insurance companies want the public to believe it to try and limit or reduce the costs of settling claims. It is true that several high profile companies had a major effect on the number of claims being made a few years ago. Both these companies have since closed down and it turned out that many of the claims were not genuine. Often, it was the company that made them up without a victim at all. If these companies are taken out of the equation, then the level of claims has not risen at all. Strangely, it is widely accepted that out of every 100 people who have accidents that were not their fault and are entitled to make a claim, only around 30 of them actually do so. If anything, more of the public need to exercise their right to claim compensation. 05 - You do not need legal assistance as insurers will settle your claim fairlyIf you have a genuine injury claim and liability can be established easily, an insurance company will usually agree to accept a claim from you. However, do not expect them to be generous! They have specially trained staff who will do all they can to minimise the value of your claim. They will often offer to settle very quickly and offer a sum that is well below the amount entitled to. Once settled, there is no going back later and if your injury turns out to be more serious than first thought –that is simply too bad. If an insurer can deal with the claim for you to settle quickly, they will save money by paying a low settlement for compensation but will also save money on legal costs. They win double at client’s expense. 06 - Injury claims go on for years before they are paid outIt is unusual for a claim to go on for more than three years and if it does, it is normally due to either a very serious long-term injury requiring complicated and ongoing assessment or because there is a major dispute over liability where both parties are adamant they are in the right. By far, most cases are settled in less than two years and, during much of that time, you are waiting for medical assessment. The most likely type of case to take a very long time is a medical negligence claim where a very complicated process of investigation must take place. 07 - Making a claim is money for old ropeThis is certainly not the case. The client must have a genuine injury and that injury must have been bad enough to have had some impact of the client’s life, even if only for a few weeks. There is a process to go through that involves assessment by your solicitor and assessment by a qualified medical practitioner to determine if the injuries sustained where severe enough to warrant a claim for compensation being made. If the injuries are definitely attributable to the accident and there is a good chance of establishing liability, then a claim can proceed. 08 - Equally, making a claim is costly, slow, and complicatedThis can be the case but in the majority of accidents, victims suffer relatively minor injuries and make a full recovery within six months. It is quite simple to obtain good medical evidence and to submit details of a claim to the third party representatives within 6 months. Assuming the question of liability is simply resolved, many claims of this type are concluded within one year. As a general rule, the more serious the injury, the longer it will take to reach a final conclusion. The main reason is that the victim needs to make a reasonable recovery or be medically assessed to determine when he or she will fully recover (if ever), before the claim can be accurately valued. In such cases, it is clearly in the client’s interest to have the job done properly. 09 - All solicitors are only in it for the moneyFor many years, the legal profession has been viewed by many as arrogant, very costly, and rather inefficient. This may well be true in some cases (all industries have their share of poor performers) but in the majority of cases, this simply is not true. The legal profession is highly regulated through the Law Society and the members, who spend many years qualifying and then continuing to learn, work very hard indeed. Certainly, it is a well-paid profession but as most Injury Lawyers in England and Wales work on a no win no fee basis and have done since 1999, they often run the risk of not getting paid. 10 - You will only win if you go to courtWhile it is true to say some cases do end up in the courtroom, the majority are settled out of court and in an amicable manner. Most cases are concluded by negotiation between your legal representative and the representatives of the third party insurers. This is far more cost effective to an insurer as going to court is quite expensive and time consuming for them. They are only likely to take such action if there is a major liability dispute or they feel the claim is seriously overvalued in some way. Cases that make it to court are well below 10% of the total. If you have been injured in an accident and need advice on how to claim, please call us at Injury Claims Solutions on 0845 644 5135 |
 |
