Victims will always receive their compensation from anyone who does them harm or from any party responsible for their injuries. However, it is the victim’s task to provide all the evidences. But the hardest part of being the victim, in my opinion, is proving that you’re right.
During my car accident, I had broken a few bones in my shoulder and knees. My assailant drove off the road, making the entire case a hit and run. After filing my police report, authorities running the surveillance cameras in the road helped identified my assailant, a woman driver.
However, I had lacking evidence. All I have is that the police had noted my accident and that my insurance company had been informed. I’ve been given proper medical treatments costing my insurance company bills around £30,000 because of compound fractures.
A no win no fee personal injury lawyer told me that I should claim damages for loss of consortium and pain and suffering. We contacted the woman driver and informed her of her responsibility. She was quite arrogant at first, but then gave in because the police got involved due to the hit-and-run nature of my accident.
The evidence we had, which was quite difficult to prove, was the pain and suffering and emotional depression I had. I did feel depressed because I cannot work for a few months and the pain and suffering was evident in the doctor’s medical report. However, it is still hard to convince authorities, especially police, about qualitative detail.
I received around £20,000 more in compensation for damages she did to me and my vehicle. It was a very successful claim
The Ministry of Justice and the UK government may possibly implement the proposed whiplash injury claim guidelines this year in response to the rising insurance industry expenses. The Association of British Insurers indicated that the industry loses £2 million yearly due to fraudulent or exaggerated injury compensation claims. The industry losses had cost honest drivers a yearly additional of £118 in car insurance premiums.
The UK government and the Ministry of Justice plan to have whiplash victims submit two medical opinions instead of one. Both medical opinions should show two positive results. They also plan to improve the quality of in-car monitoring in the United Kingdom and set the whiplash injury threshold speed to 10km/h, the same threshold Germany has.
The Ministry of Justice is also scheduled to abolish the win/lose no fee claim and re-instate the no win no fee whiplash claim for all injuries permanently. The Ministry of Justice aims to reduce the number of fraudulent or exaggerated probably submitted by claims management companies and personal injury lawyers.
Aviva, a UK insurance company, suggested that the losses can be reduced £1.5 billion if victims made their claims directly to the insurers themselves. However, personal injury lawyers argued that direct claiming gives the customer no fair consultation about their legal rights, and only a mediator, such as a claims expert or a personal injury lawyer, can give them the right consultation they need.
However, in both cases, experts say that the re-instatement of the no win no fee claims and the implementation of the new whiplash injury claim guidelines will just make things more difficult for claimants and will reduce their payouts by 25% due to the no win no fee or the lack of legal consultation.
Welsh authorities have added £15.2 million to the medical negligence risk pool in the past week and analysts see this as their expectation for more medical negligence cases to happen this year. However, health boards and medical groups iterate that it is not only because of the continuous drop in the quality of medical services, but also because of many legal representatives raising their legal fees.
Nevertheless, legal representatives point to another factor in the rising amount of the medical negligence risk pool; they mention that the advances in medical technology and victims having a longer life expectancy also raised the prices of medical negligence claims. Legal representatives say that a cerebral palsy case only received £4 million upon a successful claim. Today, the amount has reached £10 as medical boards have an obligation to carry out operations and treatments for the betterment of patients, which makes the payout more expensive.
The rising numbers of no win no fee claims companies are also a significant factor, according to health groups and analysts. While Chief Executive of the Law Society of England and Wales Desmond Huston says that no win no fee compensation claims are the victims’ last line of moral defence against medical groups and hospitals, experts say that it is undeniable that it is also adding to the bulk of medical negligence claim expenses. This includes considering the legal fees of the claims expert is 25% of the victim’s compensation amount.
Medical negligence claiming is a legal right proposed by no win no fee claims management companies, but it does not mean that they are abusing it. Andy Wigmore, policy director of the Claims Standards Council, says that claims companies make money if they find that at least one of the medical negligence claim they pass is completely legitimate. After evaluation, they cannot find out for sure if a clinical negligence claim is completely legitimate unless the experts pass it to the authorities.