When it comes to seeking compensation for a personal injury, there are many misconceptions and misunderstandings about the process – Don’t believe these Myths about Personal Injury Claims!
It’s a terrible shame that these myths about personal injury claims have come about. The effect is that injured victims can decide not to pursue perfectly good compensation claims on false pretences.
Here we seek to put the record straight and list ten of the most common myths about personal injury claims together with the truth behind each of these common myths………
1) It’s only worth bringing a Personal Injury Claim for Serious Accidents
Myth: The fact is that most personal injury claims don’t arise from serious accidents. If you have not suffered serious injuries it’s of course still worth considering pursuing a claim. After all compensation will help you get back on your feet quicker and facilitate your recovery.
It’s also worth mentioning that what can at first appear to be a minor injury can, in our experience, rumble on and make a real difference to your quality of life and well being.
2) You must file a Claim immediately after the Accident
Myth: There is a statute of limitations period in England and Wales which is important to observe and it’s generally best practice to issue legal proceedings as soon as possible. However the rules do not require the claimant to lodge the court papers immediately and there is more than sufficient time for your personal injury lawyer to investigate matters following the accident.
3) You don’t need a Solicitor to handle your Personal Injury Claim
Myth: While it is technically possible to bring personal injury lawsuits without any formal legal representation the insurance company representing the defendant can and are likely to take advantage of unrepresented accident victims.
It needs to be remembered the insurance company’s duty is to their shareholders and to make money. It follows they will do their level best to minimise any injury award they pay out or may even deny liability altogether.
An experienced specialist personal injury lawyer is well placed to navigate the complex legal system with a view to maximising your damages and resolving matters as soon as possible and in your best interests.
4) My Compensation Award will be Taxed
Myth: It’s not unusual for clients to be under the false impression that personal injury lawsuits are taxable. In fact any compensation is not subject to tax.
5) Personal Injury Claims always go to Court
Myth: In reality only a tiny minority of personal injury cases end up reaching a final hearing to determine the issues. The vast majority settle. Your personal injury lawyer will be in a position to determine how to run your negligence action from a tactical perspective and work out the best course of action to bring about a settlement.
6) You cannot bring a Personal Injury Claim if you were in some way to blame for the accident.
Myth: In order to succeed with your personal injury case it will be necessary to prove that the other party was, on the “balance of probabilities” to blame for your insurance claim. This means in practice that you have to show another’s negligence was at least 51% responsible for causing the accident.
So in practice the fact that you might have been some way to blame for the accident does not prevent you from exercising your legal rights and bringing a claim. All it means is that any damages will be reduced proportionately in line with your level of negligence or fault.
7) I’ll lose my job if I Bring a Claim against my Employer
Myth: This is quite a common worry when bringing a claim arising in the workplace. The fact is that an employer would be breaking the law if they terminated a contract simply on the basis of the employee pursuing a claim.
There are strict employment rules governing the decision to dismiss an employee. Any dismissal on the grounds of an employee bringing a personal injury lawsuit would be leaving the way open for legal action being taken against the errant employer.
8) You can’t bring a Personal Injury Claim if you didn’t seek medical attention
Myth: By not seeking immediate medical attention after an injury does not prevent injured people from bringing a negligence claim. However by not seeking immediate attention this can affect the strength of the claim. Best practice, just for your own peace of mind, is to have yourself medically checked out to be on the safe side and to have matters properly recorded even for minor injuries.
9) Your Compensation will be determined by the Severity of Your Injuries
Myth: While of course the severity of your injuries is an important factor that influences the amount of the settlement you receive it’s not the only one. Very often the most influential factor is the extent of time that the injury interferes with your quality of life.
10) Personal Injury Claims take Forever to Resolve
Myth: Many different types of claims can in fact be resolved in a matter of months. Much depends upon the complexity of the claim, seriousness of the injuries and of course the ability of your solicitor to progress matters efficiently and effectively.
- If you are wondering about bringing a personal injury claim please don’t be misled led by the personal injury myths which may deter you from taking action.
- It’s always best to approach a personal injury law firm and ask your questions directly to dispel any common myths and get the legal help you need 🙂