{"id":3457,"date":"2010-09-24T08:43:49","date_gmt":"2010-09-24T07:43:49","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=3457"},"modified":"2010-09-24T08:43:49","modified_gmt":"2010-09-24T07:43:49","slug":"the-world-of-claiming-it-can-all-be-a-bit-crazy","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2010\/09\/24\/the-world-of-claiming-it-can-all-be-a-bit-crazy\/","title":{"rendered":"The World of Claiming \u2013 It can all be a bit Crazy!"},"content":{"rendered":"

\"\"Personal Injury \u2013 together with \u201cNo Win, No Fee\u201d, \u201cAmbulance Chasing Lawyers\u201d, and \u201ctripping up kerbs\u201d is a common phrase in today\u2019s society. And we at The Injury Lawyers<\/span><\/strong> are of course fully aware that our work is often misunderstood and joked about!<\/p>\n

So, I thought I\u2019d do a little article on the way it works \u2013 let\u2019s face it, the press love a good \u201chead shaker\u201d story. In fact, the inspiration for my blog today comes from a story in the Daily Mail (http:\/\/www.dailymail.co.uk\/news\/article-1313432\/David-Cameron-plans-tear-mad-health-safety-regulations.html<\/a>) this week about the PM\u2019s promise to tear up health and safety regulations<\/em><\/strong> that have become a \u201cmusic hall joke.\u201d<\/p>\n

According to the report, Cameron will \u201cdeclare war on the mushrooming compensation culture\u201d<\/em><\/strong>, with regulations on police, schools, and ambulance workers being lifted to encourage more common sense decisions, without the threat of a claim being made against them.
\n<\/p>\n

The report names but a few examples that this cull is aiming to prevent \u2013 reduced risk assessments<\/em><\/strong> for teachers taking pupils on outings, and making it difficult for \u201ckilljoy councils\u201d to ban firework displays and street parties. \u201cLow risk workplaces\u201d, such as offices, may no longer be faced with the same red tape rules that high risk factories have in place, with the source calling this a \u201cdrastic reform.\u201d<\/p>\n

It all seems like commons sense right? Cut the red tape and make our lives easier? The report states there are too many forms and too many risks to assess in today\u2019s society, and the feel of it is dragging us all down. But to make some sense out of the PM\u2019s war declaration on health and safety, the rules and regulations are in place for a very good reason \u2013 to stop people from coming to harm<\/em><\/strong>. To me, taking the blame away from those at blame seems a bit nonsensical… I am sure the PM has good intentions at heart \u2013 let\u2019s face it, with the amount of cuts the government are looking at making, he needs to do something to show he is on the side of the people!<\/p>\n

It certainly seems true that more education is needed to ensure sensible rules and regulations are followed. Perhaps some red tape can be cut \u2013 but risks must be assessed, and forms must be completed to ensure the safety or others are maintained. Nobody wants anyone to come to harm.<\/p>\n

To make a successful claim for compensation<\/a>, you must have been injured through the fault of someone else<\/em><\/strong>. You could not just claim for any old injury \u2013 another company, or a person, must have been responsible for your injures. That\u2019s how it works – You claim from the person or company at fault that has caused you suffering and loss. That\u2019s why the rules and regulations are there \u2013 to ensure no one falls short and ends up injuring someone.<\/em><\/strong><\/p>\n

The report also goes on to say that the war will affect personal injury law firms such as us. To quote from the source, there will likely be a \u201ccrackdown on lawyers \u2018no win, no fee\u2019 arrangements<\/em><\/strong>, which encourage lawyers to take on speculative lawsuits because they can demand huge costs from defendants like the NHS if they win.\u201d<\/em><\/strong> This is a bold statement \u2013 the idea of the No Win, No Fee<\/a> is so that every claimant has the ability and right to make a claim. Most ethical lawyers like ourselves will only take on a claim if we think it is going to win. The idea that we compensate for such a loss by claiming huge amounts of fees from defendants like the NHS is nonsensical <\/em><\/strong>\u2013 not just because it\u2019s a daft statement, but it makes no business sense. Why would anyone knowingly waste money and recover it back from someone else?<\/p>\n

But to answer the question more directly – can we claim back huge amounts of fees from defendants like the NHS? Well, lawyers only get paid for the work they do<\/strong><\/em>. That\u2019s how the costs system is structured. We couldn\u2019t just claim a huge fee for no reason \u2013 solicitors\u2019 fees are generally based on an hourly rate, plus any disbursements (money a solicitor pays out for a case that is relevant for its success). We only get paid for the work we do.<\/em><\/strong><\/p>\n

After all, we are here to help victims who have suffered injuries and loss through the fault of someone else<\/em><\/strong>. If you were injured in an accident that wasn\u2019t your fault, wouldn\u2019t you want justice and compensation?<\/p>\n

The idea of charging clients for a claim defeats the object of making a claim. If a victim was to pursue a claim, only to have a proportion of it taken away in legal fees, then they wouldn\u2019t have been fully compensated for their suffering and loss. They would have lost out through the fault of someone else.<\/p>\n

It\u2019s certainly an interesting topic for debate. Let us know your thoughts and feelings on the subject of compensation in today\u2019s society.<\/p>\n","protected":false},"excerpt":{"rendered":"

Personal Injury \u2013 together with \u201cNo Win, No Fee\u201d, \u201cAmbulance Chasing Lawyers\u201d, and \u201ctripping up kerbs\u201d is a common phrase in today\u2019s society. And we at The Injury Lawyers are of course fully aware that our work is often misunderstood and joked about! So, I thought I\u2019d do a little article on the way it … Continue reading The World of Claiming \u2013 It can all be a bit Crazy!<\/span><\/a><\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-3457","post","type-post","status-publish","format-standard","hentry","category-articles"],"yoast_head":"\nThe World of Claiming \u2013 It can all be a bit Crazy!<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2010\/09\/24\/the-world-of-claiming-it-can-all-be-a-bit-crazy\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The World of Claiming \u2013 It can all be a bit Crazy!\" \/>\n<meta property=\"og:description\" content=\"Personal Injury \u2013 together with \u201cNo Win, No Fee\u201d, \u201cAmbulance Chasing Lawyers\u201d, and \u201ctripping up kerbs\u201d is a common phrase in today\u2019s society. And we at The Injury Lawyers are of course fully aware that our work is often misunderstood and joked about! 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