Personal Injury Claims - is there a stigma attached?

Why is there a stigma attached to making a Personal Injury Claim?

Unfortunately, some people are afraid to take up their legal right to make a claim for compensation, because they feel that they will be left with a stigma attached to them if they do. The peddlers of the 'compensation culture' myth have managed to generate an air of scepticism about the real right to make a claim. We often hear of a claims culture and phrases such as we "are becoming a litigious society just like the states" are often flaunted around. Whilst individuals are entitled to their opinions, unfortunately, such an opinion is based on falsehood and misunderstanding of the law.

Your legal right to seek compensation

In the matter of a Personal Injury Compensation claim, an individual has a legal right to pursue compensation for their injuries and losses subject to certain criteria. If their injuries were caused by the negligent acts of others - including employers, authorities or individuals - and the injuries are serious enough to warrant medical treatment and last for a certain amount of time, then a claim can be brought. The very point of someone receiving a compensation settlement is simple. The thinking behind it is to return the injured party to the financial state that they could have expected to be in if they were not caused an injury - this would include a sum for lost income, expenditure regarding medical treatment, care costs and expenditure on alterations to homes and cars relevant to the injuries and to also provide compensation for the pain, distress and discomfort caused to the individual by the injuries that they sustained. The level of compensation varies depending on the costs incurred, the level of pain and the length of time it took to recover - or not recover as the case may be.

Claims Culture

Those who consider someone making a claim to be a person 'on the blag' or getting something for nothing are clearly misguided. The printed press in particular are often full of sensational stories about how the compensation culture is ruining life - the phrase 'Health & Safety gone mad' is often bandied about - with no basis. The facts are simple. If an individual, authority, employer or organisation follows correct procedure, risk assesses situations and sites, provides training and in effect, does there bit, then they cannot be pursued for compensation. It is a pity that the enemy of the claimant has managed to make people feel bad about claiming compensation, especially when it is a legal right to do so.

Our message is simple. If you feel disadvantaged because of the injuries you sustained through no fault of your own - or the negligence of others then bring your claim without fear. Direct 2 Solicitors staff will not consider you to be 'on the blag' or getting something for nothing. We understand your situation and look forward to helping you.

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

The Compensation Culture blame game... Again!

Councils in Compensation Claims moaning shocker!

Once again the Local Government lobby is putting pressure on the public to try and deter us from exercising our legal rights! In yet another shameful PR stunt, the Local Government Association (LGA) has issued a press release bemoaning the fact that they are paying out large sums in compensation. We are saddened, but not surprised to see that they blame the volume of claims squarely at the foot of us 'nasty' No Win No Fee Claims Management Companies and Solicitors. The latest story states that some £53m has been paid out in compensation settlements, and that a further £12m has been spent on legal fees and court costs. However, at the same time, the LGA has scored an own goal to it's own argument as the figures taken from an Asphalt Industry Alliance survey of Councils shows that only £52.3m has been spent on repairs to dangerous footpaths and roads. So at the same time as moaning about spending £60m + on genuine claims, the LGA have spent LESS ensuring that the roads and paths are safe which would then reduce the level of genuine claims that they would face! How these people end up in positions of authority is questionable at the very least!

Who is to blame?

The LGA, Insurers and some members of the establishment would like everyone to believe that the blame lies at the foot of people like me, companies like ours and the Solicitors that we work with. However, we know that only genuine claims will succeed. The onus on a claimant to prove that the councils have left a dangerous hazard that would be deemed sufficient to pass the legal liability requirements in situ for a period of time that would also pass the same test is very high. If one can prove the liability side of it, then the Council is in the wrong and they should then, in the eyes of the law, provide compensation to an injured party to cover their injuries and losses. It really is simple. LGA Spokesman David Sparks has been quoted in the media as saying "These figures show the extent to which our efforts are being hampered by the compensation culture that exists nowadays" he goes on to say "since no-win, no-fee was introduced, almost all councils have seen an increase in compensation claims". To be fair, he does go on to say that where there are genuine claims, the claimant should be compensated. To me, this seems to indicate that he is taking the view that there are more fraudulent claims than genuine and that No-Win, No-Fee Solicitors and Claims Management Companies are actively encouraging individuals to lodge fraudulent claims. There is no evidence to support such a view and I wonder why he is wording what he says, the way he is? It is simple, if you end up paying up to settle a claim, you are liable. Thus, if the councils are spending what we are told they are on settling claims, they can only blame themselves.

No Win No Fee

Since the inception of No-Win, No-Fee claims in the UK, there has been a rise and now a fall in the number of claims issued and filed. It goes without saying that the reason for the rise is that when it was first launched, it informed the UK public that they had a right to claim compensation for injuries if they were caused by negligence. Prior to the No Win No Fee system, many claims were not made because individuals didn't know that they could claim and could not afford to pay Solicitors fees should they fail. It seems that the LGA Spokesman is blaming me, my company, our solicitors and any claimants for exercising the legal rights entitled to all of us. So, if we have made people aware of their rights and helped them to claim compensation FOR WHICH THEY ARE LEGALLY AND GENUINELY ENTITLED, then I make no apology. Maybe, the LGA and Councils of the UK should concentrate on the very important work with which they are charged?

Making your claim

To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.

The Compensation Culture Question

The Compensation Culture Myth

Everyone has heard of the Compensation culture. Apparently, we are living in a litigious society and one regularly hears cries of 'we are becoming like America and claiming compensation for everything'. Well, we know that this is not the real case. As I have blogged before, a claim is only viable when an individual, company or organisation has caused injury and losses through negligent actions. Any claim is made against a 3rd party Insurance Policy that is already in existence, in just the same way as you make a claim for damage caused to a car in a crash from the guilty parties Insurance. So why does the myth of the Compensation Culture exist? Who peddles this myth and what are their aims? Read on for our opinion on this matter.

Myth Busters

To get to the bottom of the reason for the creation of the Compensation Culture myth, we need to look at who loses out financially when a client successfully wins their legal claim for Personal Injury Accident Claim Compensation. It goes without saying that the biggest loser when a claim is won, is the Insurance Industry. As always, Insurers take the fees for the policies that they supply and accept the risks of insuring their clients, yet when it comes to paying out compensation to the genuine victims of injuries caused by negligence, they are not so quick to settle up. Sure, they should never settle a claim without fully investigating the matter and ensuring that the claim is genuine and honest. But when a claim is proven, settle it they should, and they do, albeit sometimes begrudgingly.
So, the infamous Compensation Culture, why peddle it? There are a whole host of reasons for this and many vested interests. Unfortunately, many people with viable claims caused by genuine negligent actions often dont wish to pursue their rights and make a claim for Personal Injury Compensation. That is fine and their right to do so, but it is a pretty sad state of affairs when individual legal rights are overruled by myth and pressure from massive wealthy corporations. We have often been told by clients that the reason that they dont wish to claim is because they dont want to be part of the compensation culture and they dont want to be seen as getting something for nothing. Something for nothing? Why? Again, I point out the car damage scenario. If your car was damaged, you would think nothing of making a claim for the repair work or write off settlement fee from the guilty 3rd parties insurance policy. Making a claim for Personal Injury Compensation against an employers liability insurance policy or local authority public liability policy is no different.
In our view, the fact that people have been convinced that making a genuine claim is a dirty and cheeky thing to do suits everyone but the guilty party and their insurance partner.

Pressures on the Claims Industry

In 2006, the Labour Government passed the Compensation Act. We are in support of this. It introduced a regulatory authority to oversee our industry. Claims Management Companies must now be authorised to operate within the Personal Injury Claims sector. This is right and proper and to be supported. However, their is a very strong lobby placing great pressure on our industry and Government from the Association of British Insurers to introduce further aggressive changes which they hope will squeeze even more companies out of the industry and prevent more people claiming compensation. It boils down to the fact that the Insurance sector dont like it when a claim is settled, not only do they pay the compensation to a client, but they also have to pay the clients legal fees. What they want to do, is make it harder for Solicitors to be involved in claims and get the clients to claim directly to the insurers.

Why?

Well, it is promised by the Insurance Sector, that any such move would lead to quicker insurance settlements and lower fees for the insurance sector to manage. They also state that Claimant Solicitors would not slow the process down in order to ramp up their fees. Basically, they are claiming that Solicitors are the problem. The way we see it is (unsurprisingly!) from a completely different perspective. If clients claim directly to an insurer, they MAY get their claim settled more quickly, but they may just as easily have their claimed turn down when maybe it should not have been. Surely, an Independent Solicitor is the best person to manage a claim. They will know if a claim is viable and genuine, how much a suitable settlement would be and what processes to follow to ensure that any settlement is made in the clients best interests. Often, individual claimants who go directly to an insurer settle quickly, but have undergone NO medical assessment. A qualified Specialist Personal Injury Solicitor, such as the members of the Direct 2 Solicitors Personal Injury Solicitor Panel, will ensure that a medical expert reviews the clients injuries and likely recovery or otherwise and fight tooth and nail to ensure that a claim is settled in their clients best interests. Sure, they earn fees by representing clients. But their fees are earned legally and by ensuring that they have represented their client properly. The fees are never paid by the client as both we and our Solicitors operate a genuine No Win No Fee claims service. But what is wrong with that? Dont let yourself be fooled in to believing in the Compensation Culture myth. It may be good for some if you do, but it wont be good for you.

Who you gonna call?

Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.

If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.