Posted: 19/08/2014
According to a recently published YouGov report, “Personal Injury 2014”, the number of people who made a claim after suffering an injury due to the fault of others fell by 4% over the last 12 months. Contrary to popular perception, the report found that only a quarter of those injured in an accident caused by the actions or inactions of others made a claim.
The report suggested that, of the 25% who did bring a claim, a significant number were encouraged to do so by other parties such as direct contact by claims management companies. YouGov reported that fewer people are receiving unsolicited texts and emails but more are being cold called. This tactic does produce results as 13% of those surveyed said they had not intended to make a claim until they were contacted and persuaded to seek compensation.
Of those who had an injury but decided not to bring a claim, the main reasons for not doing so were that they did not feel that their injuries were severe enough to warrant a claim; they did not feel happy with bringing a claim; or they did not agree with the principle of bringing claims.
Philippa Luscombe, partner in the personal injury team at Penningtons Manches LLP, comments: “Despite the much talked about ‘compensation culture’ in the UK, this survey shows that the vast majority of those suffering injury through the fault of another do not, in fact, bring claims and that the numbers are dropping. Our experience is that those who pursue a claim do so because they have suffered a significant injury that should not have occurred. They seek compensation to cover the costs of medical treatment or loss of earnings not to ‘make a bit of money’.
“We are concerned that some people are encouraged to make claims without merit and, more worryingly, that those with valid claims and serious injuries are deterred from bringing claims because of the recent costs reforms and anxieties about the liability for legal costs. It remains to be seen how many genuine claimants will settle claims early and under value to avoid risk of liability for costs. Those with injuries and potential claims should always seek specialist legal advice and ensure that their solicitor(s) are approved as personal injury specialists by the Association of Personal Injury Lawyers (APIL) and/or the Law Society.”
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