If you have been involved in an accident that caused you a personal injury and the accident was the fault of someone else you may be entitled to claim compensation for your injury and any financial losses that you have sustained.
Surprisingly, perhaps, almost 40% of accident victims do not make a compensation claim. Various studies have shown that that there are several reasons for this, which we list below.
- A desire not to be part of the “compensation culture.”
This is a very common reason for people not making a claim and is based on the erroneous idea, propounded by the media, that there is somehow something wrong in claiming the compensation that you are entitled to. Compensation should not be seen as some sort of windfall. It is a sum to reflect the pain, suffering and financial losses that an accident victim has suffered.
- It’s not worth it idea
A feeling that the case is not strong enough or the damage not grave enough to merit a claim.
Many people take the decision that their case is not worth pursuing, either because they will be unsuccessful or because the compensation that they will receive will be too modest. These are issues that only an experienced personal injury lawyer is able to advise on and should not be a reason for not making a claim
- Fear of the court process
It is natural that a lay person should be nervous about becoming involved in court proceedings. However, potential compensation claimants should be reassured that many claims are settled without court proceedings being issued and, even where it is necessary to file court proceedings, these are often settled without the need for any appearance at court.
- It is too late to claim
Although it is normally the case that a personal injury claim has to be made within three year of the accident, this is not always the case. In certain cases the clock only starts to run when the injury is discovered by the victim and this may be many years after the incident that caused it. Time limits are also affected by other factors such as whether the victim is a minor. The best person to advise on the limitation period in a particular case is a personal injury lawyer.
- Concern about being dismissed from employment
It is understandable that a person might be reluctant to make a compensation claim against his or her employer because of fear that they may lose their job. This concern is unfounded because it is unlawful to be dismissed for bringing a personal injury claim against an employer. In any event, employers are insured against the risk of accidents to their workforce and any compensation will be covered by the insurance company, not the employer.
- Concern about the cost of bringing a claim
Everyone is aware that legal proceedings can be very costly and personal injury litigation is no exception. However, the majority of personal injury solicitors offer a no win no fee arrangement that means that if you make an unsuccessful claim you do not need to pay any costs.
Despite the many reasons for people not claiming compensation, the best step to take if you have sustained a personal injury in an accident that was not your fault, is to speak to an experienced personal injury solicitor, like the team at Accinet to ascertain if you have a valid claim.