There are 6 common reasons why people do not make personal injury claims
After an accident that was not their fault, a startling proportion of people do not file a claim for personal injury compensation. Over 40% of persons who may claim compensation for whiplash injuries after an accident did not, according to a thorough research published by the Association of Personal Injury Lawyers (APIL) 10 years ago.
The report
focuses solely on compensation for whiplash injuries. However, our own
experience as a personal injury specialist group of attorneys indicates that
the number of people who might claim but don't has climbed much more. Indeed,
according to figures released by the government's Compensation Recovery Unit
(CRU) in 2021, the number of new claims filed with the CRU has continuously
decreased over the last 10 years.
What are the most typical reasons for people not submitting personal
injury claim?
1 - I'm not interested in being a member of 'The
Compensation Culture.'
Some people are
put off from pursuing accident injury compensation because they believe it
would be ethically wrong to do so, that they would be contributing to what the
press has dubbed the UK's "compensation culture." They may have seen
materials created on behalf of insurance companies claiming that false claims
are rampant and that filing a claim would make them a part of the problem.
You should file
a claim if you suffer bodily harm as a result of an accident caused by the
negligence of another person or organisation.
It is a myth
that there is a compensation culture and that false claims are common.
You have the
right to be paid for your pain and suffering, and you have the right to return
to your previous employment before the accident.
2 - Submitting a personal injury claim will be too
expensive in terms of legal fees
Solicitors are
thought to be overly expensive by the general population. In recent years, a
lot of work has been done to refute this idea.
When it comes
to personal injury claims, hiring a personal injury solicitor to handle your
compensation claim on a contingency basis means you won't have to pay anything
unless your claim is successful and you obtain compensation.
A No Win No Fee
Agreement is used in this manner of financing a claim. Your claim will be
risk-free if you engage into this sort of arrangement with a personal injury
counsel. You will owe nothing if your claim is denied. Only if your claim is
successful will you be required to pay a fee, which will be calculated as a
percentage of the amount of compensation you get from the other party.
If you have the
appropriate insurance coverage or are a union member, you can also pay claims
through legal bills, insurance, and trades union representation.
3 - I believe I am partly to fault, hence I am
unable to make a claim
Even if you
were partially to blame for an accident, you may still be eligible to file a
claim. Many No Win No Fee personal injury attorneys will take on your claim as
long as it has a realistic chance of success.
4 - I'm concerned that if I submit a workplace
accident claim against my company, I'll lose my job
Accidents at
work result in injuries on a regular basis. Employers have a responsibility to
keep their workers safe at work. If a worker is hurt at work and the accident
is due to their employer's negligence, they have the right to file an accident
at work claim.
A claim for
damages in a car accident is not the same as a claim for damages against your
company. You're unlikely to know or have any kind of relationship with the
other driver.
In the case of
a workplace injury, you would file a claim against your employer, who is the
person or organisation who pays your salary and keeps you employed.
Many employees
who may submit an accident at work claim would not because they are afraid of
being fired if they do.
So, is it true
that if you file a workplace accident claim against your company, you will be
fired?
The response is
a resounding "no." Your employer has no legal right to fire you for
filing a claim for a workplace injury, and if they did, you would have grounds
for an unfair dismissal lawsuit.
Similarly, if
they don't fire you but attempt to make your life difficult at work because of
the claim you're pursuing, you may be able to file a claim for constructive
dismissal if it becomes too much for you and you quit.
In reality,
most employers recognise that running a business entails the risk of workplace
accidents, and that the firm may be held liable for some of these incidents.
Similarly,
while an employer may not be pleased if a worker files an accident at work
claim, most businesses will provide the claim information to their liability
insurance and let them handle it. This form of insurance is mandatory for all
employers.
If you're
worried about being fired, don't wait to file a claim. It's unlikely that this
will happen.
If you are
fired for filing an accident at work claim, you will have strong grounds to sue
your employer in an Employment Tribunal, and your injury claim will be pursued.
5 - It's too late to file a claim because the
accident happened so long ago
If you want to
submit a personal injury claim, there's no disputing that the sooner you
consult with a personal injury lawyer, the better. If the accident happened a
long time ago, don't automatically think it's too late to file a claim.
There are a
variety of reasons why people do not file claims right once following an
accident. The court regulations take this into account and give a fair amount
of time to file a personal injury claim. If a claim is not filed within this
time frame, it will be considered 'time-barred.' You will no longer be eligible
for compensation if this occurs.
6 - I don't want to file a claim because I'm afraid
of going to court
Some people are
understandably concerned that filing a claim may require them to appear in
court. That reason alone discourages individuals from filing claims, and as a
result, they miss out on the recompense they deserve.
The reality is
that in a large number of personal injury cases, legal proceedings are
initiated. Despite this, the number of cases that end up in front of a judge is
modest.
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