Whilst doing some online research, I was saddened to read a post on a well-known parenting forum this week. Poorly maintained flooring had caused a mum of two young children to fall down some stairs in a public place. As a result she suffered some appalling injuries, leaving her facially scarred and needing up to two years physiotherapy to help her regain full use of her legs.
We’ll call this lady Amy. For the sake of her privacy, some details in the following account have been changed. Images feature models.
In her post, Amy canvassed her online friends for advice.
Her accident has had a traumatic effect on both her and her family. Her husband doesn’t earn if he doesn’t work, but has had to take time off to stay home and look after the children (who are both preschool age), whilst she goes through her rehabilitation. Amy will need help with even the most basic tasks, like washing and dressing, for the next 6 months.
It’s been a couple of months since the accident and the couple have already used their savings to ensure mortgage payments are met and bills are paid, but now debts are beginning to mount up. Car insurance is due. They won’t make this month’s mortgage payment.
Unfortunately, we see this kind of case every day but as I continued to read Amy’s post, what I found upsetting was the dilemma Amy now faced.
Should I Claim Personal Injury Compensation?
Amy and her husband had consulted a specialist personal injury solicitor who advised them that Amy had a very good case for claiming personal injury compensation. Despite this and the traumatic time they were having, she just could not bring herself to make the claim. This was causing arguments between Amy and her husband.
In her post, Amy explains her dilemma to her online friends.
“I have always despised the "no win, no fee solicitor” adverts. I hate that I find myself in a position where I need to make a claim. I’m stuck in the house all day and all these awful adverts encouraging people to make a claim, frankly, disgust me. Morally I feel it was just an accident and not to claim, but my bank balance tells me we are in debt and have lots of additional expenses due to the injury. I don't know what to do.” She ends her post with; “I can’t ask my friends because I’m sure they’ll all think badly of me for even thinking about making a claim”.
I was appalled. Can you imagine being in such a position? On top of all the issues that such injuries and circumstances bring – the pain, the scars, the marital strain, the debt - having to worry about how your friends will judge you for trying to save your family home and get back to some semblance of a ‘normal’ life?
Whilst in previous posts, I have bemoaned being engulfed by the negative stigma of our industry; the cowboys, the curse of the ambulance chasers tag and the false whiplash claims. I hadn’t really considered the impact such a negative perception might have on someone considering making a claim.
"You Have a Genuine Grievance, Claim!"
Fortunately, Amy’s online friends were supportive and understanding, the general consensus being; “you have a genuine grievance, claim!” Yet, every one of those supportive posts felt it important they add a caveat, such as “I too disagree with the culture the ‘no win no fee’ solicitors” or “I’d never encourage anyone to claim compensation, but in your case...”
Personally, I absolutely agree, there is no place for false claims and society should discourage them at every turn, but there needs to be some balance, some understanding that for many people like Amy, making a genuine claim for personal injury compensation is the only way to prevent a tragic accident they have suffered through no fault of their own, from ruining their lives.
It seems that despite the fact many of us could probably name more personal injury claims companies than we can MP’s in Parliament, us poor claims companies seem to be far less popular. Yet the service we offer helps hundreds of people facing genuine hardship, every day.
A Duty of Care
In Amy’s case, the owners of the property have a duty of care to maintain it in good order, so that it does not represent a hazard to visitors and staff. They clearly failed in that duty and as a result are liable for the injuries Amy sustained in her fall.
When Amy’s Personal Injury Solicitor informed her she had a good case for a Personal Injury Compensation Claim, this would have been purely based on the evidence available; proving negligence on the part of the property owner and that the injuries she went on to sustain were as a result of that negligence.
The further impact the accident had on Amy’s life would have had little influence if any, on the decision as to whether she had a valid claim. The fact that her husband was required to give up work in order to look after both Amy and their children, or that the resultant lack of income put their home at risk, really had nothing to do with the claim’s validity. It would however, have been taken into consideration when it came to assessing the amount of compensation to be awarded.
Personal injury compensation payments are not a form of reward for clumsiness. These payments are made to compensate people like Amy, for the injuries they sustain and the often devastating impact on their lives caused by other people’s negligence.
Claims Checklist
As I explained last week, as a claims management company, it’s in our interest, to weed out fake claims and whilst we do come across the odd ‘opportunist’, the vast majority of enquiries are from people going through genuinely difficult times, because of something that was preventable had others not been negligent.
So, our message to Amy would be “If you have a genuine personal injury claim, go to a genuine personal injury claims company.”
In next week’s post, we’ll take you through a ‘claims checklist’ to help demonstrate what it takes to make a genuine claim.
Meanwhile read about how to check whether a Personal Injury Claims company is registered and regulated in one of our previous posts.
MayIClaim
May I Claim, is a trading name of R Costings Limited and our CRM number is 25770
If you’ve had an accident that wasn’t your fault and suffered an injury - you know you can trust us to handle your claim professionally.
Call us now on 0800 756 7774 and talk to us to find out if you have a claim - or fill in our Quick Claim form (on the right of this page).
http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/222865/Too-Scared-to-Make-a-Personal-Injury-Compensation-Claim
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