Adam Penn, personal injury solicitor at Cannock and Lichfield law firm Ansons LLP provides guidance on why independent legal advice should be sought in all personal injury cases.
Personal injury claims are never far away from the headlines and in the last ten years have received more media attention than any other area of law. Yet coverage is usually less than complimentary and as a result, most people are unaware of their basic rights and hold common misconceptions about embarking upon a personal injury case.
Quite often, genuine claimants with genuine injuries and genuine prospects of success are reluctant to seek legal advice. There are a number of reasons for this reluctance, but typically it is because of a lack of understanding of how personal injury cases work. Media coverage has often focussed upon unrepresentative cases that have little or no relation to the vast majority of genuine cases. The result is that a lot of accident victims feel embarrassed about making a claim or feel that they are taking something that they do not deserve.
Recent figures support this view and show that out of the two million accident victims that there are each year, only 700,000 seek legal advice. Almost two-thirds of victims suffer in silence, demonstrating that the general public are not receiving adequate levels of advice.
Obtaining legal advice from a solicitor is not just about seeking compensation, it can also help to enforce changes to reduce the possibility of further accidents. With regards to a road traffic accident this could include improving road signage or the repositioning of a bus stop or improving the road layout.
In addition, seeking compensation is not just about being financially compensated for your injuries, it also provides cover for any losses that you may incur as result of the incident. Typically these include loss of earnings, travel expenses, medical fees, cost of medication, loss of holiday and any additional expenses that maybe incurred.
Always speak to a solicitor before accepting compensation
It is increasingly becoming more common for victims of an accident to receive a call from the other party’s insurers shortly after the accident. The insurer may accept that their driver is responsible and offer to pay compensation very quickly. This tactic is designed to save the insurance company money by closing the file as cheaply and quickly as possible.
In one case that I dealt with, a claimant was offered the sum of £1,250 by an insurer to settle the case. After medical evidence was obtained from two consultants, the claim settled and the claimant received in excess of £60,000. This case is not the norm, but this example illustrates that legal assistance is vital.
There is no substitute for obtaining expert, legal advice and most solicitors offer all victims of accidents a cost-free initial consultation during which the case is assessed. Even if the case isn’t pursued, there is peace of mind that you have received expert legal advice at no cost. Should a claim have prospects of success, then most solicitors will act on a ‘no win, no fee’ basis and take immediate action to protect your position.