There are a number of traits we British are famous for: making copious cups of tea in response to a crisis, talking ad nauseam about the weather, considering queue jumping to be a crime and the old chestnut – maintaining a stiff upper lip at all times, when faced with adversity.
Perhaps it is this ‘stiff upper lip’ mentality which discourages 40 per cent of people who suffer whiplash injury as a result of an accident, from making a personal injury claim.
Alternatively, perhaps some of the sensational headlines in the press, which refer to the UK as the ‘whiplash capital of Europe’, dissuade people from claiming compensation.
Compensation Is Not A Windfall – It Is To Compensate You!
People are paid compensation, also known as damages, at the end of a successful personal injury claim, to compensate them for their loss – a loss was caused by the negligence, or carelessness, of the person, company, or public authority responsible for the accident.
The claim may just be for the personal injury itself, whether it be for a whiplash claim, a broken arm, for cuts and lacerations or a very serious injury such as brain or spine damage. We refer to damages for the injury itself as being, damages for ‘pain suffering and loss of amenity’. This is a sum of money to compensate for the pain you have suffered, and may be continuing to suffer, and for the effect the injury has had on your lifestyle (the ‘loss of amenity’).
In most cases, as well as a claim for personal injury there will be an accompanying claim for any monetary loss brought about by the accident and the injuries caused. For example, loss of earnings from being off work, the cost of physiotherapy, the fees paid to a chiropractor or prescription costs, are all recoverable as part of the claim, as long as they are reasonably incurred.
Yes, But Who Pays The Compensation?
In most cases, an insurance company pays out compensation. We mention this because another reason some people do not pursue claims is because they think the person who caused the accident has to pay any damages out of their own pocket. They do not. Ever heard of third-party liability insurance? This is what it is for.
It All Sounds Too Complicated, And Besides, I Cannot Afford To Hire A Solicitor
The prospect of making an injury claim can be daunting. Many are put off by the thought of dealing with insurance companies, let alone solicitors, and as a result, decide the easiest option is to ride out their injuries, painful and debilitating a course of action as that might be. It is an unnecessary and potentially risky choice to make. Risky, because an injury which might just about seem bearable immediately after an accident, may well turn out in the longer term, to be more severe than you initially expected.
It is unnecessary, because by handing over your claim to an experienced firm of No Win No Fee injury solicitors, you would not just start the ball rolling on making a claim, you would also remove a weight from your shoulders. You can let someone else take the strain of the accident for you.
As for affording solicitors’ fees, well that is where No Win No Fee injury claims come in. Put simply, most expert personal injury solicitors use No Win No Fee agreements to fund personal injury claims on behalf of their clients.
By signing a No Win No Fee agreement with a solicitor, you be agreeing to terms along the lines of:
- If you lose your claim, you will have no legal fees to pay to anyone, including the person you claimed against.
- If you win your claim, and get compensation, you will pay your solicitor a fee which will be worked out using a method set out in the No Win No Fee agreement and which your solicitor will go through at the outset.
- You will only sign up to the agreement once you are entirely happy with its terms.
Do Not Give Up On Compensation To Which You Are Entitled
The aim of compensation is to put right, a wrong. Whilst money cannot compensate for everything, particularly in the case of injuries that change lives for ever, it can make life easier. The most important thing after you have been injured in an accident, is to get well – to recuperate. Money, in the form of compensation, can help to speed up the process in the form of therapy, other medical treatment or even just by freeing your mind from financial worries.
It is never wrong to make a personal injury claim for injuries caused by someone else’s carelessness. It is your right to get yourself right again. Compensation has a part to play in achieving that aim.
Being mentally healthy is just as important as being physically healthy. This article has been written by the team at Mooneerams who specialise in personal injury claims.