I read a lot of stories and hear a lot of people discussing their grievances against claims for personal injury in public. The old stereotypes of people tripping over curbs, falling off ladders, or slipping on a wet floor and getting thousands of pounds, and the solicitors pocketing tens of thousands of pounds in legal fees, I often hear about. But is this a fair view of personal injury claims? Well, here are a few things to consider:
Claimants Getting Huge Payouts for “Minor” Accidents
So, we all hear stories of Joe Bloggs who has tripped over a pot hole and been awarded tens of thousands, if not hundreds of thousands, if not millions of pounds! And many people would take a highly negative view of this; because at the end of the day, the local council payout will be funded by taxpayers’ cash. But why on earth would someone be awarded such a huge amount of compensation for “just a trip” on a pothole?
All claims are valued based on medical evidence. Medical evidence gives us lawyers the knowledge we need to value a claim – e.g. the extent of the victims suffering (I.e. severity, length, any long term handicaps etc). We don’t just get these figures from thin air! So, the only way Mr. Bloggs would be awarded such a huge sum is if his injuries are permanently life altering. Let’s say he hit his head on a lamppost on the way down, suffering permanent brain damage and is bound to a wheelchair for life. He is going to need someone to care for him for the rest of his life, and if he cannot work again. He has lost out on a huge amount of future earnings he would have gained had he not tripped, and lost out on countless life experiences and luxuries that many of us take for granted. That’s why his payout is such a huge amount!
Big Solicitors Fees
You also hear of the stories of the victim getting a few thousand pounds, and the solicitors claiming back tens of thousands of pounds in costs. Well, have you ever considered why this is? Law firms cannot simply make their costs up; we get paid for the work we do. In cases where the costs are so high, it is simply because more work has been done. And the reason more work is done is usually the direct result of the other side (insurers of the defendant, third party representatives etc) trying to fight the claim and losing.
If the defendant’s side dispute they are liable for a claim, we solicitors will fight them for it. In fact, many defendant insurers and representatives appear to dispute liability as a standard. And if they dispute it, we will have to investigate much further, and therefore will inevitably end up with higher costs for the work we do. Unfortunately, insurers and third party representatives have little interest in compensating a genuine victim of an accident; insurers’ interests lie in how much money they can save!
On a Final Note…
It’s easy to see the situation at face value, and judge that greedy victims of accidents are prepared to claim for as much as they can with the aid of lawyers aiming to line their pockets. In actual fact, there is a lot more to it than that. Victims can only claim for what they have lost, and can only claim for their suffering to the extent of it. For example, if the victim suffers for 5 weeks, then 5 weeks is what the payout will be based on.
We, as specialist personal injury lawyers, have but one aim: to help the victims of accidents to access the compensation they are legally and fairly entitled to for their suffering and financial losses. Let’s face it, if you were injured in an accident that wasn’t your fault, costing you weeks of lost earnings and fees for physiotherapy treatment and medication, on top of the inconvenience of the suffering endured, you would want access to justice; you would want to be compensated. At the end of the day, you have lost out because of some else’s negligence.
If companies and councils allocated their resources to preventing hazards (i.e. making health and safety important, and repairing the potholes in the road), there would be no victims to claim compensation from them.
For the best advice on claiming for compensation, speak to an expert independent personal injury solicitor. We promise to give you the best, free, no obligation advice.