Should I make a claim for compensation? This is a common question asked to us when we are advising people about the merits of any potential claim they think they might have. Ultimately, it’s your life, and therefore your decision – no one can take that away from you, or force you in to making a claim.
So, as the decision is entirely yours, here are a few positive reasons why making a claim for compensation is a good thing.
Compensation Payout
Rather obvious one – but it’s a primary factor. Ultimately, you are awarded your payout to compensate you for the fact that you have had to suffer from an injury through no fault of your own. OK, so the supermarket didn’t mean to make you slip and fall, and the driver in the car accident you had didn’t meant to smash in to the back of you; but they are still at fault. Had their duty of care not fallen below the standards which make our society a relatively safe one, you wouldn’t be sitting their injured.
Being injured can be an absolute pain in the backside. For claims with us specialist lawyers, the severity must be of a particular amount at least – normally 3 – 4 weeks minimum. During this time frame, you have been in pain, which has likely caused you a number of other inconveniences you may not have even thought of.
Sitting at your desk or being stuck in traffic is far more annoying and painful when you are suffering from a burning or achy whiplash injury. Trying to get up and down your stairs with a sprained or fractured ankle is a challenging task. Attempting to wash the dishes, clean the house, prepare your meals, and eat your meals is difficult with an injured hand or arm. The full effects you will only begin to notice when you’re actually suffering from the injury; and the above is not to mention the effect the injury can have on your work and social life!
So, the payout is designed to reflect the nature, severity, length, and degree of inconvenience that has been caused to you. You are legally entitled to be awarded a monetary sum for the pain and suffering caused to you.
Not only this, but you are also entitled to recover any direct losses you have incurred as well. So, if you are off work for two weeks as a result of the accident, and you have lost out on two weeks’ worth of earnings, you are entitled to make a claim for the loss of earnings you have incurred. If you have had to pay out for prescription or over the counter medication, you can claim these back as well. Just make sure to keep receipts and invoices for anything you pay out for.
OK – so aside from the obvious financial award, what are the other benefits of making a claim?
Private Medical Care at No Cost to You
In many instances, you will need medical treatment to assist with your injuries. Physiotherapy is often vital for the recovery from whiplash and other muscular injuries, as well as from the damage done from fractures. You will likely be referred by the NHS for physiotherapy or some other form of rehabilitation. However, and this is no criticism to the NHS who are, let’s face it, fighting an uphill battle given the current budget constraints, treatment arranged through the NHS can often involve an extremely long waiting list and inconvenient treatment times / places.
This does not have to be the case. With a proper good personal injury lawyer on your claim, you can get access to private medical treatment at absolutely no cost to you. If you get a fantastic injury lawyer, they will offer private medical care right from the start of the claim like we do – and you never have to pay a penny for it irrelevant of whether you win or lose the case.
All this helps towards getting you back on the road to recovery as quickly as possible! So – if that’s all sounding good, here’s some even more good news for you:
It Costs You NOTHING!
With a proper personal injury lawyer, you should benefit from a Genuine No Win No Fee agreement that guarantees in writing you will receive 100% compensation if you win, and pay nothing if you lose. Many firms out there will say that you will receive 100% compensation, but will not back this up in writing. Many of the standard agreements just state that the solicitor, if the case wins, will “seek to recover fees from your opponent” or “endeavour to recover fees” or “try to recover fees” etc. Take this in a literal sense, which is what a contractual agreement is intended to be, and you basically are liable for any money your solicitor cannot recover from the other side.
Add another line in there confirming that, if some or all of the fees cannot be recovered, your lawyers will specifically NOT seek to recover anything from you, and you have yourself a Genuine No Win No Fee that actually guarantees in writing your 100% payout is protected. There are also many law firms out there who claim to have a “genuine” agreement, but will not back their promises up in writing.
Make sure the lawyer you chooses always backs up their promises in writing.
