Bringing a Claim for Personal Injury – the Justice, the Industry and the Risk

Article by
Nidhi Chopra

Garden House Solicitors are renowned for our personal injury work. We do not take on cases through Claims Management Companies and we are often instructed by people who have been recommended to us by previous clients. As a solicitor it is very rewarding to reach a successful outcome for a client that has had the misfortune of suffering a life changing injury, caused by the negligence of another.  Many injuries are life changing and not only for the client but also their family.  

In a claim for personal injury a client is able to recover compensation for the pain suffering and loss of amenity that a client has suffered as a result of the injury. The client can also claim for financial losses that are incurred and will be incurred in the future as a result of the accident. By taking detailed instructions and through the use of evidence from expert witnesses we are able to build a description for the Court of what our client has suffered and what their life is likely to be like in the future so that an appropriate award can be made. 

The Judicial Studies Board has set up guidelines on how much compensation should be awarded for each injury. We value a client’s injuries in accordance with those guidelines and also by giving consideration to awards made in previous cases where similar injuries have been suffered. 

In some cases that I have dealt with I have felt that no sum of money could ever return the life that an individual had prior to the event that caused the injury; but in most cases by the time settlement or judgment is awarded, the client has fully recovered from the injuries sustained without any future concerns. 

There is no doubt in that in recent years there has been an increase in the amount of claims for compensation that are being made. Some people would argue that the compensation industry should cease in its entirety and one should not be able to benefit from accidental damage by claiming compensation. There are some countries where the citizens do not have a right to claim compensation after an accident and the compensation culture does not exist at all. In those countries however you will find that the value of one’s life is very little and in my view the laws of this country have done well to preserve the dignity and respect of an innocent victim of someone’s neglect and breach of duty. 

The increase in Claims Management Companies and other media coverage promoting legal action for personal injury has unfortunately blemished the work we do as solicitors acting for clients who require access to justice.  It is important to note that solicitors must adhere to the codes of practice provided by the Solicitors Regulation Authority and so we cannot be the ‘ambulance chasers’ that we are often thought of as. It is also very encouraging that laws have now been passed to regulate Claims Management Companies and referral fee agencies which should assist in preventing third parties from obtaining financial benefits following the misfortune of another’s injury.  

With all the media coverage, one may think that bringing a claim for injury and obtaining compensation for a few thousands of pounds is quick, easy money, and without a cost. A claim for personal injury compensation is usually paid by the insurer of the party at fault. The insurer will closely scrutinise any claim made and will put forward as many arguments as possible to avoid making a payment, however big or small. 

When we are presented with a claim by a client, we advise the client on which elements of their claim are recoverable from the insurers and which elements of the claim are likely to be challenged by the paying party. If the claim is too speculative or appears spurious the insurers will not pay it. Our advice to clients always is that it is very important to get it right and to have evidence and documents where possible in support of every penny claimed from the paying party and when following legal advice our clients have always recovered damages lawfully due to them. 

There has been a recent case, Brighton & Hove Bus & Coach Co Ltd v Brooks DC, [2011], whereby the relatives of a claimant in a personal injury claim were held to be in contempt of court for deliberately creating a false impression that the claimant had suffered from very limited mobility as a result of an accident. Contempt of court is a very serious offence and is in essence where someone is deemed to have interfered with the administration of justice. This case should be taken as an assurance that the access to justice in personal injury claims works both ways, for the paying party as well as the receiving party, and no one is paid where money is not due. 

You need to have a good solicitor on board to act for you; a solicitor who will advise you of risks throughout the process and one that will fight for every penny you deserve because the fact of the matter is that there is no insurer out there that is going to pay where compensation is not lawfully due. 

Every year at Garden House Solicitors we recover hundreds of thousands of pounds for honest clients that have suffered injuries due to the negligence of others. Some of our cases are heard at Trial and awards are made by the Judges that hear the case. It is extremely unlikely that one will ever be over compensated for an injury sustained and the person bringing a claim has the duty to prove the losses claimed, which ensures that all awards are fair and just.

The law provides the right to sue for injuries that should never have been suffered by innocent parties and on a daily basis I am reminded that this is a very important element of access to justice that needs to be preserved. The insurers and the courts are doing there jobs to ensure that no person is compensated when money is not due, but all you need is a solicitor that can advise you and present your case candidly to ensure that you receive the best possible outcome. 

For more information or advice please call me on 01992 422128 or email Nidhi@gardenhousesolicitors.co.uk 

 

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www.gardenhousesolicitors.co.uk

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Tel: 01992 422 128

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Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.