When someone has suffered an injury that wasn’t their fault – whether it was relatively minor or life-changing – the thought of launching a legal claim can be very daunting.
However, there are many misperceptions about making a personal injury compensation claim, and this guide aims to debunk these myths.
Personal Injury Myths Debunked
Myth: If I make a personal injury claim, I’ll have to go to court.
Sometimes – but, this is less than five per cent of cases.
Given that court proceedings can be time-consuming and distressing for victims of personal injury, a good law firm will always aim to come to an agreement with the defendant and settle the claim before it goes to court if they possibly can and if the offer from the defendants is reasonable.
In instances where the defendant refuses to settle, court proceedings may be the only way to secure compensation, and the claimant’s specialist legal team will help them through this process every step of the way.
Myth: Personal injury claims are expensive.
This isn’t the case. If someone makes a personal injury claim, it’ll almost always be part of a conditional fee agreement (CFA) – often called ‘no win, no fee’.
A CFA is an arrangement between the injured party and the personal injury solicitor. If the compensation claim is unsuccessful, the claimant will not have to pay for their lawyer’s services.
At Thompsons Solicitors, trade union members – and their families – usually pay nothing if they win, too. Non-union clients will have to pay a small ‘success fee’, a percentage of their damages, which is agreed upon before the claim begins.
Myth: If I make a claim against my employer, I’ll lose my job.
While it is understandable that an employee might be concerned about the reaction of their employer if they make a personal injury claim, it is illegal for them to dismiss the worker for this reason.
If they do so, they will – in most instances – be liable for further legal action on the grounds of unfair dismissal.
Thompsons Solicitors’ employment experts can help workers if they think they have been unfairly dismissed by an employer.
I was partly at fault for the accident, so I won’t be able to make a claim.
Not necessarily. While, where the injured person is blameless, compensation will be awarded in full, if the claimant has – to some extent – been at fault for their injuries, damages can still be awarded, but they may be reduced to some extent to recognise how much they were to blame.
These deductions, expressed as a percentage of the total damages that would have been awarded, are commonly referred to as contributory negligence.
Making a claim
Anyone who has suffered a personal injury at work, on the roads or in a public place could be entitled to make a compensation claim. For professional, no-obligation advice, contact Thompsons Solicitors’ legal team on 0800 0 224 224, request a callback or fill out our free online claim form.
For 100 years, Thompsons Solicitors has stood up for the injured and mistreated – never employers or the insurance industry. For more information about Thompsons, visit: www.thompsons.law.