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Can I make a serious injury claim? Separating fact from fiction

Many people are deterred from pursuing their personal injury claim, but it may be the right course of action.

Victoria Price

by Victoria Price

calendar_month 15 May 23

schedule 4 min read

Sustaining an injury can be a distressing and difficult experience, and it can be hard to know what to do next. In many cases, making a personal injury claim can be the right course of action, but unfortunately, many people in the UK are deterred from pursuing their claim for a variety of reasons.

In this article, we will explore the top reasons why people don’t come forward to make a serious/personal injury claim and provide reassuring facts to help them make informed decisions.

I don’t know if I can make a claim

Many people are unaware that they can make a compensation claim following an injury or if they do know, they don’t know how to go about it. There are a number of ways that injured people can claim for compensation.  Some of them might not be obvious. Some claims might be handled in more than one way. For example, acts of violence and abuse can be dealt with in two ways, an uninsured driver can still be sued, you can still get compensation after a hit and run injury and you can sue your employer even though you don’t work there anymore. You might be mistaken about the process that would actually apply. A reputable personal injury lawyer can help you determine whether you have a case and guide you through the claims process. Contact them today and ask the questions and find out what the next steps are.

Can I claim personal injury if I was at fault?

Another common reason why people do not make a claim is because they think that they were partly responsible for the accident. They go over and over what happened and it’s natural to question what happened and whether they could have prevented it happening. However, even if you believe that you may have contributed to the accident in some way, you may still be entitled to compensation. Don’t be put off! There are rules that apply when more than one party is at fault and they do not stop you from making a claim. Find out from your solicitor if your claim can still go ahead.

I feel embarrassed

Embarrassment is a common emotion felt by those who have been involved in an accident, especially if they believe it was partly their fault. This can prevent them from seeking the compensation they are entitled to. It is essential to remember that accidents happen (don’t worry, we have seen most things!), and there is no shame in seeking compensation for your injury. The press and social media have generated stigma about people who claim compensation but don’t be put off. The claim is for compensation to help you with your injuries and to help you with any financial losses it caused. You and your family will need that money, to help you now and in the future and you are entitled to it. Once you speak to your solicitor you will realise that there are many other people, like you, who are looking after themselves and their families this way.

Does a personal injury claim affect insurance? I’m afraid my insurance premiums will go up

Many people are afraid that if they make a claim for a road accident, then their insurance premiums will go up the following year. Insurance premiums go up year on year anyway; there isn’t any direct correlation with an individual’s accident. You are not claiming on your policy. The defendant’s policy is the one that is being claimed on. If you win your claim, the defendant’s insurer pays for your compensation and legal costs – not your own insurer. Also, crucially, you do not have to use your motor insurance legal team. You can use any solicitor you like to act for you against the defendants. Discuss this with the solicitor of your choosing, today.

How long do personal injury claims take? I’m afraid it will take too long.

It is understandable to be concerned about how long the claims process will take, but to get the right result for you, a lot of work needs to be done. Your solicitor needs to gather together all of the evidence about the accident in order to show who was fault. They also need to obtain evidence about your injuries and medical conditions and your financial losses. This all takes time to obtain and prepare. If you are going to get the right level of compensation for your injuries and losses then this is something that takes time. If the claim settles too early, before all of the evidence is in place, you cannot re-open it; you only have one chance. That said, your solicitor should understand that you cannot be expected to wait a couple of years before any monies are paid to you. They should be asking the defendants for payments as the case goes along.

It happened a long time ago. Can I make a personal injury claim after 3 years?

In particular since the lockdowns of the Covid-19 pandemic, people may have understandably held off making claims. Now that lockdown is over they might fear that too much time has passed since the incident. People may have since forgotten about the claim or feel as though they have sufficiently recovered since – but they can still claim as long as the injury was less than 3 years ago. In some exceptional circumstances, even if 3 years have passed, a claim might still succeed. Cases that include historic abuse and claims on behalf of children or people with brain injury and lack mental capacity have different time limits too. If this situation applies to you then do something about it soon and find out if you can still make a claim. Stop the clock! Price Slater Gawne are here to help.

I don’t know what I can claim for or what route to follow

The claims process can be complex, and many people do not know what they can claim for or what route to follow in some circumstances. However, our highly experienced and sensitive team of personal injury/serious injury lawyers will be able to guide you through the process and ensure that you receive the maximum compensation to which you are entitled.

Contact us today to discuss your case.

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