Millions of people may be missing out on compensation after suffering injuries caused by someone else’s negligence.
Recent research from the Association of Personal Injury Lawyers (APIL) suggests that almost a third of UK adults have been harmed by another person’s negligence at some point. However, an estimated 7.5 million injured people have never sought compensation.
APIL has warned of a growing ‘justice gap’, with changes to the civil justice system making it harder for some injured people to obtain legal advice and pursue a claim.
Why are fewer people making personal injury claims?
Personal injury claims have fallen significantly over the past decade, despite people continuing to suffer injuries in road collisions, workplace accidents and other preventable incidents.
Some injured people may not realise that they can claim compensation. Others may be concerned about legal costs or feel intimidated by the claims process.
Changes such as the whiplash reforms and fixed recoverable costs have also affected how certain claims are handled and the extent to which legal costs can be recovered.
This can leave an injured person facing an insurer and its legal advisers without professional support of their own.
Recent commentary in the Law Gazette has highlighted these wider ‘pain points’ for claimants, noting that while the law of negligence is intended to provide a route to compensation where harm has been caused by a breach of duty, the practical reality of pursuing a claim has become more complex. The article points to growing procedural and financial barriers which can discourage individuals from pursuing valid claims, even where negligence is clear, and compensation may be due. This reinforces concerns that access to justice is becoming increasingly uneven, particularly for lower-value more straightforward injury claims.
Road traffic accident claims
The whiplash reforms introduced in 2021 changed the way lower-value road traffic accident claims are handled.
They introduced fixed compensation tariffs for qualifying whiplash injuries and created the Official Injury Claim online portal. Although the portal allows people to manage claims without a solicitor, the process can still involve difficult questions about medical evidence, responsibility and the appropriate level of compensation.
You should be cautious about accepting an offer before the full extent of your injuries is understood.
Accidents at work
Employers have a duty to take reasonable steps to protect their employees.
A claim may be possible following accidents caused by unsafe working practices, inadequate training, defective machinery, a lack of protective equipment or exposure to harmful substances.
Some employees worry that making a claim will affect their job. However, workplace claims are handled by the employer’s liability insurer.
Clinical negligence
Clinical negligence claims can arise when treatment falls below an acceptable standard and causes avoidable injury.
Examples may include delayed diagnosis, surgical mistakes, medication errors, birth injuries and failures to obtain informed consent.
These cases often require detailed medical evidence, so obtaining specialist advice at an early stage is important.
What can compensation cover?
Depending on the circumstances, compensation may include:
In serious cases, interim payments may be available before the claim is concluded to help fund treatment, rehabilitation or essential living costs.
How long do I have to claim?
In many personal injury cases, court proceedings must generally be started within three years of the accident or the date you first became aware that your injury may have been caused by negligence.
Different rules can apply to children, people who lack mental capacity, criminal injury applications and some other types of claims.
It is important to seek advice as soon as possible so that evidence can be preserved, and relevant deadlines are not missed.
How Coles Miller can help
If you have been injured because of someone else’s negligence, our experienced Personal Injury team can assess your circumstances and explain your options.
We can help gather evidence, obtain medical reports, calculate your financial losses, negotiate with insurers and pursue appropriate compensation.
Why choose Coles Miller?
At Coles Miller, we understand that recovering from an injury is about much more than pursuing compensation. An accident can affect your health, your family, your ability to work and your financial security. Our experienced Personal Injury solicitors provide clear, straightforward advice from the outset, taking the time to understand how your injury has affected your day-to-day life.
We will guide you through every stage of the claims process, deal with insurers on your behalf and work to secure the compensation and rehabilitation you need to support your recovery. Whether your claim involves a road traffic accident, an accident at work, a public liability incident or clinical negligence, our team is committed to achieving the best possible outcome while making the process as straightforward and stress-free as possible.
Contact Coles Miller Solicitors for clear, practical advice about making a personal injury claim.
*This article is for general information only and does not constitute legal advice. Time limits and eligibility requirements apply to personal injury claims.