Scams, Claims, and Compensation Games…

Scams, Claims, and Compensation Games…

Yes, we saw the program; and of course I couldn’t stop myself from writing about it! For those of you that don’t know what I’m talking about, the title of this article is from a recent Channel 4 television program that takes a look at both sides of the business in claiming for compensation; the innocent victims, and those alleged to be at fault for their accidents…

www.channel4.com/scams-claims-and-compensation-games

And some of the contents of the program were certainly true! Unfortunately we personal injury lawyers do on occasion get a bad rep for the work we do. But it doesn’t half make us feel good when we get a top result for a victim of an accident that wasn’t their fault!

But to discuss some of the issues in the program:

Council Trippers

It’s true, they’re difficult to fight for. The councilsthese days do have a solid defence under Section 58 of the Highways Act. The underlying point of the act of course is to ensure that councils do regularly inspect the highways, and repair any potentially hazardous defects they find. A cracked curb or a wobbly pavement may seem like such a minor thing; but when a person falls because of it, and does themselves a bad injury, it’s understandable to want to be compensated for the pain and suffering endured. I certainly wouldn’t want to lose the use of my arm for 6 weeks from a fracture – I mean, who would write my blogs!!!???

But unfortunately it does stand as their primary defence for claims – even when the victim has been seriously injured due to a defect. An act in place as a preventative measure appears to have been tightly tuned in to a defect dodging defence. It’s further unfortunate when the victim is elderly. We do see a lot of elderly people injured due to highways defects, and sadly they fall much harder than the younger generations.

And it’s not unheard of for council inspections to be inaccurate: There have been past cases where liability has been disputed based on inspection records – but us specialist personal injury solicitors don’t just take no for an answer! We tirelessly explore every avenue of evidence for our clients, simply because we want to do right by them. And it’s not unheard for local residents to come forward and advise a defect has been existent for some time; despite what the inspection records may say…

Of course, everyone has their opinions on the subject. And yes, we can genuinely understand why people dislike taxpayers’ funds being spent on defending claims. But if the councils kept to their duties like they should do, then perhaps there wouldn’t be victims out there needing representation for being injured in an accident. And we do have a lot of claimants telling us that they simply can’t get the results and action necessary by going it alone with the counsels’ representatives. The program itself mentioned of peoples grievances when “no one answers your telephone calls.”

The Payouts

There is only one way to value a claim – with good, independent medical evidence, the JSB Guidelines combined with previous case law, and of course a specialist independent personal injury solicitor! A good point raised in the program was that if insurers actually paid out to victims what they should be entitled to, then victims of accidents wouldn’t require representation. Unfortunately, insurers generally only have one singular aim – to save as much money as they can! It’s a harsh reality, and it’s what we are here to prevent – to level the playing field.

It’s either the big insurers vs. the victims, or the big insurers vs. the solicitors – and we have the knowledge and expertise to take them on! So we really are fighting for the individual!

If you saw the program, you will have seen the man awarded £6000 for his razor injury. I have heard people disagree with this – but as you will have seen, the claimant’s lawyers fought tooth and nail to get the evidence they required that prove the razor was defective. And let’s face it, who wants to be left with a scar in such a prominent and noticeable place?

So, feel free to let us know what you thought of the program! We’d love to hear from people out there who saw it – what are your thoughts and opinions on the subjects involved?

And remember, if you have been injured in any accident, whether it is due to a defective highway, or to quote the new Talk Talk advert I heard on Spotify recently: “Have you fallen through the fabric of time?” (Unfortunately we can’t represent you on that one!), then please get in touch for some free, no obligation legal advice on claiming from an independent specialist personal injury law firm!