Personal injury fact and fiction

The issue of personal injury compensation is one that attracts a great deal of comments, many of which are myths rather than grounded in solid facts.

So what is the truth behind these personal injury myths?

Personal injury myths and reality

As with any subject in life everyone claims to be an expert: they enjoy voicing their opinion irrespective of whether it is welcome or not. As a result of that several myths have arisen about personal injury compensation which we have countered with the following facts.

Examples of some common myths surrounding personal injury:

Myth 1

In order to successfully claim compensation your claim has to go to court.

Fact 1

Wrong. You can be awarded compensation in an out-of-court settlement. This is often seen as a cheaper and preferable option to going to court.

Myth 2

Personal injury claims are complicated and time consuming.

Fact 2

Not so. If the guilty party admits liability then they can be settled in a short period of time. They are likely to be time consuming if they other side disputes the claim and the issue of negligence or lack of duty of care.

These cases will invariably take longer but a skilled and experienced lawyer will try to minimise the length of time they take.

Myth 3

Personal injury claims has led to a rise of a compensation culture.

Fact 3

Untrue. The majority of claims are made by people with a genuine illness or injury who are often successful in obtaining compensation.

Myth 4

If you win your claim under the ‘no win no fee’agreement you do not have to pay any costs.

Fact 4

Not quite true. Whilst it is correct that if you win you do not have to pay any fees you will have to pay your solicitor’s‘success fee’which is deducted out of your compensation.

If you lose then you do not have to pay your solicitor’s fees but you may have to pay those and other costs of your opponent. However, you will be advised to take out an insurance policy to cover you in case this happens.

Myth 5

There is a great deal of money available for personal injury compensation so you should aim to get the highest amount you possibly can.

Fact 5

Wrong. The amount of compensation you receive is always determined by the extent of your illness or injury and the impact it has had upon your life.

So if you have a serious injury which has resulted in a permanent debility and has caused a great deal of suffering then you can expect to receive a higher amount of compensation.

If you ask for a very large amount of compensation then this can have a detrimental effect on your claim and weaken your chances of being successful.

Compensation is not meant to be a fortune. It is designed to cover any costs incurred by your injury and to enable you to return to as normal a life as possible.