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:
In order to successfully claim compensation your claim has to go to court.
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.
Personal injury claims are complicated and time consuming.
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.
Personal injury claims has led to a rise of a compensation culture.
Untrue. The majority of claims are made by people with a genuine illness or injury who are often successful in obtaining compensation.
If you win your claim under the ‘no win no fee’agreement you do not have to pay any costs.
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.
There is a great deal of money available for personal injury compensation so you should aim to get the highest amount you possibly can.
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.
Personal Injury Guide
- Guide to Personal Injury
- What is personal injury?
- Types of personal injury
- Accident or negligence?
- Decisions about personal injury
- Complaint about personal injury
- Making a claim for compensation
- Personal injury claim process
- Taking legal action
- Personal injury lawyer
- Choosing a solicitor
- Legal costs for a personal injury
- No win no fee
- Compensation payout
- Using a claims assessor
- Criminal injuries compensation authority
- Criminal compensation order
- Specialist compensation
- Financial problems from personal injury
- Support and counselling for personal injury
- What is compensation culture?
- Personal injury fact and fiction
- Personal injury FAQs
- Accidents and illness abroad
- Aeroplane accidents and illness claims
- Assaults claims
- Hijacking claims
- Car accidents abroad claims
- Coach accidents abroad claims
- Cruise ship accidents and illness abroad
- Cycling accidents abroad claims
- Holiday accidents and illness claims
- Illness abroad claims
- Motorbike accidents abroad claims
- Skiing accidents abroad claims
- Spinal injuries abroad claims
- Sports injuries abroad claims
- Brain and spinal cord injuries
- Brain injuries in children claims
- Head and brain injuries claims
- Spinal cord injuries claims
- Crime and abuse
- Child abuse claims
- Criminal injuries claims
- Elderly abuse claims
- Reports against the police claims
- Terrorism claims
- Faulty products
- Industrial diseases
- Asbestosis claims
- Industrial deafness claims
- Lung cancer claims
- Mesothelioma claims
- Pleural thickening claims
- Pleural plaques claims
- Respiratory illness claims
- Medical negligence
- Accident and emergency claims
- Cancer claims
- Community health problem claims
- Dental claims
- Eye surgery claims
- Fatalities and inquests claims
- Faulty medical product claims
- Faulty medicine claims
- Female health claims
- General medical claims
- GP claims
- Hospital acquired infection claims
- Male health claims
- Mental health claims
- Nursing home claims
- Surgery claims
- Gym and fitness centre accident claims
- Accidents in a public place claims
- Burns, scalds and laceration claims
- Children’s accident claims
- Claims against local authority
- Dog attack claims
- Environmental health and pollutant claims
- Falls claims
- Festival and concert accident claims
- Horse riding injuries claims
- Military & territorial army injuries claims
- Outdoor/adventure accident claims
- Post traumatic stress disorder claims
- Shopping centre & supermarket accident claims
- Theme park accident claims
- Road accidents
- Coach accident claims
- Cycling accident claims
- Fatal accident claims
- Motorbike accident claims
- Pedestrian accident claims
- Road traffic accident claims
- Uninsured accident claims
- Whiplash injuries claims
- Serious injuries
- Amputation claims
- Fractures claims
- Loss of eyesight claims
- Sports injuries
- Faulty equipment claims
- Inadequate supervision claims
- Incorrect coaching claims
- Reckless conduct claims
- Unsafe sporting facility accident claims
- Air accident claims
- Rail accident claims
- Sea accident claims
- Work accidents and illness
- Arthritis claims
- Back injuries claims
- Broken bones claims
- Burns and scalds claims
- Bursitis claims
- Carpal tunnel syndrome claims
- Construction industry accidents claims
- Faulty work equipment claims
- Falls from a height claims
- Fatigue claims
- Head injuries claims
- Hearing loss claims
- Hit by falling objects claims
- Inadequate training and protection claims
- Industrial accident claims
- Manual handling claims
- Neck injuries
- Occupational asthma claims
- Psychological trauma claims
- Repetitive strain injury claims
- Silicosis claims
- Employer responsibility
- Skin conditions claims
- Slips and trips claims
- Soft tissue injuries claims
- Spinal injuries claims
- Stress claims
- Tendon injuries claims
- Tinnitus claims
- Vibration white finger claims
- Welding accident and illness claims
- Workplace amputation claims