Debunking 8 Common Myths about Making a Personal Injury Claim

Making a personal injury claim after an accident that wasn’t your fault can be complex and overwhelming. It doesn’t help that so many myths surround personal injury claims. These mistaken beliefs can prevent individuals from seeking the compensation they deserve after sustaining injuries due to someone else’s negligence. In this article, we aim to expose the falseness of some of the most common myths surrounding personal injury claims in Bath and elsewhere in England and Wales.

Myth 1: Claiming against my employer will jeopardise my job security. 

Fact: Many people fear that bringing an accident at work claim against their employer will result in retaliation in the form of harassment or dismissal from their job. However, UK employment law is there to protect employees from unfair dismissal. Should your employer sack you or make your life so miserable that you leave your job because you bring a claim against the company, you will have a strong claim for unfair dismissal. In any event, the truth is, most employers wouldn’t sack you for claiming against them. 

Myth 2: Only serious injuries warrant a personal injury claim. 

Fact: It’s a mistaken belief that only serious injuries (from an accident) justify pursuing a personal injury claim. The reality is that even minor injuries caused by someone else’s negligence can result in much pain, discomfort, distress, medical expenses, and loss of income. Whether the injury is severe or minor, individuals have the same right to seek compensation for what they have gone through. 

Myth 3: Personal injury claims are time-consuming and complicated. 

Fact: Personal injury claims can be complicated matters to deal with. That’s why personal injury solicitors exist: to help make the legal process a much smoother experience for their clients than if they tried to handle the claim themselves. An experienced personal injury solicitor will guide you through each step, handle paperwork, gather evidence, and negotiate with insurance companies on your behalf. Meanwhile you can concentrate on making a full recover from your injuries. 

Myth 4: Most personal injury claims go to court. 

Not true. Most personal injury claims get settled before they get to court. From issuing a court summons to the case going to a court hearing can take 12 months or more. A skilled injury lawyer will often be able to negotiate a successful settlement with the other person’s insurance company during that time. Some cases will go to court, but only a small percentage do so. 

Myth 5: Personal injury claims make people feel guilty. 

Fact: It is not unusual for individuals to feel hesitant or guilty about pursuing a personal injury claim, especially if the responsible party is their employer. However,  

remember that receiving injury compensation is not a lottery win – it is there to compensate individuals who’ve suffered personal injury loss and damage in an accident caused by someone else’s negligence. Insurance companies exist precisely for this purpose, and holding the responsible party accountable is essential to how the legal system operates. 

Myth 6: Personal injury claims are expensive. 

Fact: There are no upfront costs or hidden fees if you ask a personal injury lawyer who operates on a no-win, no-fee basis, to handle your claim for you. This method of funding legal representation ensures that all individuals, irrespective of their financial situation, can access quality legal representation without it causing them financial strain.  

Myth 7: I can handle a personal injury claim without a solicitor. 

Fact: While there is nothing to stop you from handling your own personal injury claim, it’s not advisable. Compensation claims are not straightforward matters, especially if you don’t have any prior legal experience. Additionally, insurance companies often see claims brought by ‘claimants in person’ as a chance to settle the claim at minimal compensation. Working with an experienced personal injury lawyer significantly increases your chances of obtaining fair compensation. 

Myth 8: There is no time limit for making a personal injury claim. 

Fact: In the UK, personal injury claims are subject to The Limitation Act 1980, which sets a time limit for initiating legal proceedings. Generally, you have three years from the date of the accident to bring a claim. However, there are exceptions to this rule, particularly for cases involving children or in asbestos disease cases diseases, where the time limit may differ. If you miss the deadline for bringing a claim, you’ll rarely be permitted to start your claim out of time.   

There are many more myths about personal injury claims that we haven’t touched upon in the brief article. It’s important to dispel the common misconceptions surrounding personal injury claims, or even more individuals with genuine injury claims may miss out on getting the justice they deserve.  

If you have been injured due to someone else’s negligence, call an experienced personal injury solicitor, like those at Mooneerams Solicitors, and they will explain to you how they can help you to get the justice you deserve.