Personal Injury Claims – Survey Results
We recently conducted a survey into why people make a claim for Personal Injury, and here are the results.
If you suffered a personal injury and it was not your fault, would you make a claim for compensation?
69% of those asked would consider making a claim for personal injury compensation if they were involved in an accident that wasn’t their fault. The remaining 31% said they would not claim although the consensus was that it would very much depend of the severity of the injuries they sustained, the circumstances in which the accident happened and what the long term effects on their life would be.
Of those surveyed 100% would not pursue a claim for compensation without the aid of a Solicitor.
Why use a Solicitor to make a personal injury claim?
Although you can bring a claim yourself without using a solicitor, by doing so you may be caught out by technical legal arguments made by the other side. Or you may be tempted to accept the first offer of compensation that is made to you which could lead to you recovering less compensation that you are actually entitled to.
With our help, you can get the maximum amount of compensation you deserve for your suffering and perhaps it may help you to get your life back. We have access to the best resources to enable us to deal with your claim thoroughly and efficiently. We have access to excellent and experienced medical experts, engineers and barristers.
Why would you even contemplate not using a solicitor?
We can offer you a ‘no cost’ no win no fee agreement which means that you will not have to pay any legal costs whether you win or lose and if you win you will receive 100% of your compensation. This is possible because under the terms of the ‘no win no fee’ agreement your legal costs can be recovered from the party against whom the claim is made.
Did you know that a solicitor can pursue a personal injury claim on your behalf on a “no win, no fee” basis?
An impressive 96% of those surveyed knew that a solicitor can claim compensation for personal injury on your behalf on a “no win, no fee” basis.
Although when questioned only 48% of people understood that “no win, no fee” means that a claim for personal injury will not cost you a penny.
“No win, no fee” means that if the claim is successful, you, the Client receives 100% of the compensation awarded. Your solicitor’s charges are paid separately by your Opponent and nothing is deducted from your compensation.
If the claim is unsuccessful, we cannot charge you for the work which we have done and we have to accept that we will not be paid for the work which we have done.
For a more in depth explanation of how “no win, no fee” works please click here.
How long do you think you have to make a personal injury claim following a accident?
Only 23% of those people asked knew that in most cases you have only 3 years from when the accident occurred in which to make a claim for personal injury compensation.
The 3 year period is called “the limitation period”.
“Making a claim” means actually commencing court proceedings.
There are certain circumstances under which a claim may be brought after the normal limitation period of 3 years has expired.
For example, most victims of industrial disease only begin to show symptoms and know that they have been harmed many years after exposure to a hazardous substance. In these cases the ‘date of knowledge’ becomes relevant, and the date when a person was diagnosed or realised or ought to have known that they were suffering from an illness is the date that the three year period begins.
Other exceptions
- Children injured under the age of 18 years. They have until 3 years after their 18th i.e. until their 21st birthday to make a claim for personal injury.
- If a claimant dies within the basic three year limitation period, it becomes extended to three years from the date of their death (rather than the date of the injury). This is to make it possible for bereaved relatives to make a claim on their behalf.
- Where there is a criminal assault, an application to the Criminal Injuries Compensation Authority, must be made within 2 years.
- For patients under the Mental Health Act 1983, the time period does not begin until they cease to be a patient under the act and their legal incapacity is removed.
- Accidents that occur whilst on board an aeroplane or a ship will usually be subject to a shorter time limitation period of only 2 years.
In every case, it is always best to seek legal advice at the earliest opportunity, when events are still fresh in your mind and information and evidence is easily available. Pursuing your case may be more difficult if the accident occurred a long time ago. You should also be aware that usually before a claim can be commenced at court there are steps which need to be taken such as compiling necessary evidence such as obtaining medical evidence and possibly other expert evidence, so it is important not to leave it too late.
What are the main reasons why you would consider making a claim for compensation following a personal injury?
20% of people would claim compensation after an accident if they were unable to work for a period of time afterwards and a further 18% would claim if they had to take time off work as a result of their injuries.
If you are successful in you claim for personal injury, this could enable you to have sufficient funding to pay for specialist Private treatment or care to help you adjust and recover from your accident. 19% of people would consider making a claim if they required treatment and a further 16% for care and assistance they may need as a result.
14% of those asked felt that someone should be accountable for their injuries and another 1% would claim to stop the same thing happening to someone else.
An example where someone would be accountable is an accident at work claim. Employers have a duty to ensure that they provide you with a safe place to work to avoid tripping and slipping accidents and to provide safe and appropriate equipment to use and adequate training in how to use all equipment associated with your job.
For a more comprehensive explanation of accidents at work please click here.
If you sustained a personal injury at work, are you more likely to make a claim for compensation if you do not receive pay during any absence from work?
92% of those questioned said that they would be more likely to claim compensation if their employer did not pay them following an accident at work that was not their fault.
Astonishingly employers are not obliged to pay you if you are injured at work and have to take time off sick to recover. They are only obliged to pay you if your contract states that you would be paid in this event.
If you would like to speak to one of our expert solicitors about making a claim for compensation as a result of a work related injury/accident at work then please call us on 0870 471 9852.
If you sustained a personal injury due to the negligence of a family member would you make a claim for compensation?
62% of those asked said they wouldn’t claim compensation if they were injured as a result of the negligence of a family member. A further 27% said they did not know and when asked why the general consensus was that it very much depended on the situation, the severity of the injury and how any compensation would be funded.
Suing ones own family may feel is a little extreme, however you must remember that you are in most cases obtaining compensation from their insurer not the family member themselves. A prime example of this is if you are a passenger in a road traffic accident where a member of your family was driving.
For more information about making a claim for compensation on a ‘no win no fee’ basis, as a result of slipping or tripping, please complete our enquiry form or call us on 0870 471 9852.
