The Ministry of Justice is changing the way people can bring a claim if they have been injured. An injured party would not be able to keep 100% of the compensation they are due but would have to pay their own legal costs.

The Ministry of Justice suggests the changes to the regulations in relation to Personal Injury claims will encourage injured parties to liaise directly with an insurance company to secure their much needed compensation. Unfortunately evidence shows that there is a real risk that insurers will settle claims at an undervalue, meaning that the injured party loses out.

• A report from the Financial Services Authority in 2009 found that injured people were awarded 274.95% more compensation if they obtained independent legal advice and assistance in bringing a claim.
• Research commissioned by the Association of Personal Injury Lawyers found that 70% of people would not know how to calculate how much they should claim for an injury.
• Many would find dealing direct with a large insurance company daunting.

The Law Society is not alone in believing that these will restrict access to justice. It is not just road accident victims who will be affected but also victims of accidents at work and tripping and slipping claims against the Local Authority. In 2010 87,530 people made a personal injury claim following an accident at work. If the Ministry of Justice’s proposals had been in place at the time, then many of those people would not have received the compensation they required in order to assist recovery.

Can you afford not to ask for legal advice to recover compensation for injury suffered as a result of an accident?

If you have had an accident it is important that you see a Solicitor as soon as possible before the proposed changes come into effect.

Hartley & Worstenholme Solicitors

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