Personal Injury Compensation

In a recent survey commissioned for the Department for Constitution Affairs it was revealed that 54% of people who were entitled to make personal injury compensation claims failed to do so because they felt that there would be “too much hassle involved”. The distinction was not made between whether the potential claimant was dissuaded by the procedures that are necessary to make a successful personal injury compensation claim or whether they believed they would receive “hassle” from the negligent party if it were a friend, employer or local shopkeeper.

Without speaking to a solicitor, it is impossible to judge whether the personal injury compensation settlement they may be entitled to receive warrants the effort involved in making a personal injury compensation claim. Furthermore, most people are genuinely distressed that their lack of care has resulted in their friend, employee or customer sustaining an injury, and only in a few cases would there ever be any “hassle” involved in making a claim for personal injury compensation.

Personal Injury Compensation Procedures

If “too much hassle” relates to the procedures involved in making a claim for personal injury compensation, then this excuse is difficult to understand. The first procedure is having a medical examination to discover the severity and extent of an injury — something that most people would do automatically after being injured in an accident or sustaining some form of work-related illness. Inasmuch as it is important that a victim seek medical attention as soon as possible after sustaining an injury in any accident, it hardly constitutes a major inconvenience when making a claim for personal injury compensation.

The second of the personal injury compensation procedures is to report the injury to the correct authorities. In a road traffic collision this may entail visiting a local police station if the police were not originally summoned to the scene of the accident, or making a report in an “Accident Report Book” if the injury was sustained in the workplace or in an area of public access. Even though completing this second procedure may have consequences if the police decide to start criminal proceedings against the negligent driver, or an inspection in initiated by the Health and Safety Executive, the effort that has been involved does not require a substantial lifestyle change.

Personal Injury Compensation Settlements

If apprehension exists about making a personal injury compensation claim against a friend, employer or local shopkeeper — it should not. In most situations where an injury may occur due to the negligence of another, the person in breach of their duty of care will have insurance against such an event happening. Motorists are required to have car insurance, employers and store owners are required to have public liability insurance and medical practitioners are required to have medical insurance. It is against these insurance companies that a claim for personal injury compensation is made and not the individual — whose only financial penalty may be in higher premiums when they come to renew their insurance.

By the same score, one should not be too keen to accept a token of compensation from the negligent party who, in all innocence, is trying to make up for the injury they are responsible for. This could be seen as a personal injury compensation settlement by the negligent party´s insurance company, who subsequently decline to entertain any further claim being made against their client. Indeed, the insurance company in question may attempt to get your acceptance of an early settlement in lieu of a personal injury compensation claim — something which is known as “third party capture” and a genuine reason to be apprehensive about personal injury compensation!

Get Legal Advice about Personal Injury Compensation

The same survey commissioned for the Department for Constitution also showed that a lot of people interviewed found advertising by personal injury compensation claims companies very confusing — many of whom were unaware that they would be entering into a legal process. Therefore, the best way to find out whether you have a claim for personal injury compensation which is worth your while to pursue is to speak with an experienced solicitor who will explain with total transparency what you may be committing yourself to when making a claim for personal injury compensation.

Many personal injury compensation solicitors operate on a “No Win, No Fee” basis and their initial advice is also free. A solicitor will be able to make a preliminary assessment of how much compensation you should be entitled to receive so, if you have been approached by an insurance company with an offer of early settlement it makes sense to check out whether you are being taken advantage of. Thereafter you can use your solicitor´s experience and expertise to guide you through the correct procedures to claim the personal injury compensation to which you are entitled.