Injury Claims And The Compensation Culture
The term 'compensation culture' refers to the popular belief that huge
numbers of compensation claims are made in the UK every year, largely for fictitious or trivial accidents.This isn't actually the case. In fact, there are fewer compensation claims made in the UK than in any other developed country apart from Denmark.
It's important to remember that if someone sustains an injury in an accident where they were not at fault, they have they legal entitlement to claim compensation. The fear of adding to the 'compensation culture' should not prevent an accident victim from doing so.
Claims management companies
The development of the so-called compensation culture has often been attributed to the growth of claims management companies who advertise on television, offering a 'no win no fee' injury claims service.
The public suspicion of these claims companies may stem from the fact that the service offered seems too good to be true - it is often unclear how these companies make their money. An injury claims company usually make their money by providing a marketing service for a number of different legal firms, who specialise in personal injury cases. The claims company firstly advertise, and field calls from potential claimants, and then pass the claim on to the best solicitor for the case.
It's true that some of these companies do not operate in a particularly ethical way. Some newly established companies will have very little experience in legal matters, acting purely as a middle man between claimant and solicitor with little regard for the actual details of the claim. However, this is certainly not always the case.
Some claims management companies will do everything possible to filter out fraudulent injury claims as soon as they enter the system. Some have legally trained call handling teams which means callers are told within minutes whether they have a legitimate claim. If the claim is not admissible, or for any reason is unlikely to result in compensation being awarded, the caller does not waste time and effort in pursuing the claim further.
The rise of 'no win no fee' injury claims
The term 'no win no fee' is often used by claims companies in their advertising. It essentially means that if a compensation claim is unsuccessful, the claimant does not pay any legal fees. Claims companies are able to offer no win no fee agreements for two reasons. Firstly, their solicitors will only take on cases they are confident will result in compensation being awarded, and secondly, because the solicitors will usually have an insurance policy to cover the costs should they lose.
No win no fee injury claims were introduced to the UK in 1995, replacing Legal Aid - a government funding system intended to give everyone access to justice in the courts, regardless their of financial situation.
Choosing the right claims company
Often claiming compensation from the responsible party after an injury is a vital step in the recovery process, especially if the person injured has incurred treatment costs or suffered lost income as a result of being unfit to work. Not only can it help the injured party get back on their feet, but may also ensure same accident doesn't happen to others by drawing attention to its cause.
There are a number of points a potential claimant should bear in mind when choosing an injury claims company, including the level of experience the company has in the personal injury space, and also whether they endeavour to find a solicitor in the claimants local area.
Additionally, some companies will guarantee the claimant receives 100% of the compensation awarded, whereas with others, the solicitor's fees will be deducted from the figure.
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