The number of people filing
personal injury lawsuits in the US, according to a report, has risen sharply in recent times. One reason for this sharp rise is the fact that many people are now more aware of their right to sue for an injury and to claim compensation. Another factor is that today it is a lot easier to seek redress through the legal system than in the past.
No win no fee
In the UK many people are able to make a claim for compensation because there is the no win, no fee system in place. Although this arrangement has been blamed for encouraging people to always make claims and substantially enrich
no win no fee lawyers, it nonetheless has helped immensely in giving people access to justice.
Thus, even as there are calls from some individuals and organisations that have been affected to scrap or restructure system, the question of access to justice remains a valid excuse for those arguing for its retention.
Damages
Also, some analysts are of the view that easy access to justice has resulted in people easily opting to settle disagreements in court and asking for heavy damages. This has been dubbed a culture of compensation.
Often, reference is made to schools where pupils or staff injured in some isolated incidents end up suing for heavy compensation. There was a recent case of a woman who sued a student that accidentally ran into her while playing with mates and caused her serious injuries.
Although she could not convince the court to order the pupil to pay her compensation, it was on record that she sued a pupil for damages. If she had been successful it would have been a dangerous precedence. There are also fears that it could get to a point where pupils would resort to suing pupils for compensation if they are unable to sue schools.
Making a claim
There is nothing wrong with anyone filing a personal injury or
compensation claim if they have evidence to back their argument that someone is responsible for their injury or pain. Personal injuries are usually expensive to treat. In the case of car accidents one could suffer a whiplash and might want to make a claim. In hospitals
medical negligence could result in serious personal injuries, some of which are irreversible and could leave the victims permanently disabled. In India there was a man who had the wrong arm amputated whereas the one needing amputation was left untouched.
In all the above scenarios do we say people who make claims are wrong in doing so or that they should have taken their situations in good faith and suffered in silence?
Some victims may spend the rest of their lives needing help and care from others, including specialist equipment. They may also need to live in specially modified homes to make life a bit easier. The costs of meeting these needs may be really prohibitive. As such they could be left with no choice but to seek compensation.
One big issue is that even people with genuine cases hardly file a claim because they are not aware of the process and where to run to for help. A very good starting point is to contact an injury lawyer or an injury claim expert and request to be taken through the process. This will help clear all the grey areas, especially what you stand to gain.
Get advice on claiming
compensation if you have been injured in an accident, speak to one of our
injury lawyers.
