Personal injuries can be life-altering events, leaving victims in a state of confusion and uncertainty. Those who suffer personal injuries are often left with many unanswered legal questions. Unfortunately, misconceptions and myths cloud the understanding of personal injury claims and discourage people from seeking compensation.
To provide clarity and shed light on this important subject, we’ve engaged in a candid conversation with our esteemed Senior Partner, Dominic Moss, a legal expert with decades of experience in personal injury law.
In this blog post, Dominic debunks common myths and answers five key legal questions to help those seeking compensation for accidents gain a clearer perspective on their legal rights.
Your Legal Questions Answered
Q1. “I’ve heard that personal injury claims always result in excessive legal fees. Is this true?”
Dominic: Not at all. Most of the client’s we act for choose a ‘no win, no fee’ arrangement. This means that if you don’t win your claim you pay no fees at all. If you do win then we limit your liability so that is usually no more than 30% (25% plus VAT) of the amount we recover for you. You will, therefore, always receive the vast majority of the award we recover for you. In larger value claims we limit your liability for our fees to no more than 15% (plus VAT) so you get to keep even more of your award.
Q2. “Is it true that I can’t claim for psychological or emotional injuries, only physical ones?”
Dominic: This isn’t true at all. At Stonehewer Moss we understand that psychological damage can be just as troubling and debilitating as physical injury and we will always consider obtaining a psychological assessment for you in order to properly value your claim. In fact, as part of your claim we will often also be able to obtain for you private counselling to help get you back on your feet. Psychological injuries can often cause you to lose your confidence and prevent you from going back to work full time, or sometime, at all. We consider that it is vital to identify the nature and extent of any psychological injury in order to get for you, the optimal amount of compensation
Q3. “I heard that it’s not worth making a claim for minor injuries. Is that accurate?”
Dominic: Whilst there are lower limits on the type of claim we can help you with, it is usually worth claiming even if the injury only continues for a few weeks. There are differences between different types of injury, so, for example, whiplash and soft tissue injuries arising out of a road traffic accident are compensated on the basis of a matrix provide by the Ministry of Justice. Awards for short terms issues are very low. The best way to make sure is to give us a call and we can advise you as to whether your injury is one where we can help you make a claim.
Q4. “Can I still make a personal injury claim if I didn’t seek immediate medical treatment after the accident?”
Dominic: The short answer to this is yes! There are many occasions where people do not realise just how badly injured they are and given the long waiting times at A&E it is not surprising that people sometimes treat themselves at home. The main thing that is important is that you have had an injury of some kind and this has caused you pain and suffering. If you instruct is to help you with your case, we will obtain medical evidence to prove the extent of your injury and whilst it is helpful if your medical notes contain references to your accident it is not usually fatal to your case if you do not seek treatment immediately after your accident.
Q5. “I’ve heard that personal injury claims take years to resolve. Is that true?”
Dominic: This is certainly not true, the majority of successful injury claims settle within 12 months. Of course, claims where there have been substantial injuries or where liability for the injury is denied can take longer. Each case has to be dealt with on its merits. Sometimes where injuries take a long time to resolve or reach a plateau there is no option but to wait for that to happen before progressing your claim. In many of these cases we can still obtain for you treatment for your injuries and an interim payment for your financial losses especially if you are suffering hardship as a result of the accident.
We hope this insightful conversation with our Senior Partner has debunked some of the common myths surrounding personal injury claims and provided you with valuable information. Understanding the truth about personal injury law is essential for anyone facing an accident-related situation.
Navigating the legal system can be complex, but with the guidance of experienced solicitors like those at our firm, you can pursue your claim with confidence. If you have more questions or need assistance with a personal injury claim, our dedicated team is here to support you every step of the way. Your well-being and your rights are our top priorities, and we’re committed to helping you achieve the compensation you deserve.
Thank you for joining us for this enlightening conversation, and remember that knowledge is a powerful tool in your pursuit of justice.
To learn more about No Win No Fee claims, watch this short video.
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