The Claim Clinic – why people choose not to make a claim

The top 10 reasons why people choose not to make a compensation claim include:

1. I do not think the accident or illness/disease was bad enough to warrant a claim

Often people think this. They can suffer on with injuries and continuing losses that were caused by the defendant when they could actually be trying to put things right by using a solicitor to bring a claim.

2. I do not believe that claiming compensation is “right”. Accidents and mistakes happen

The popular press often criticises what they describe to be “money grabbers”; people who try to wrongfully claim money off innocent defendants, or the NHS, social services or charities. However, a claim can only proceed if the defendant has been negligent and you can prove it has been so. If you have suffered financial loss you should not feel ashamed in claiming what you are entitled to. Private and public enterprises, home owners and individuals must pay insurance to guard against accidents or mistakes occurring. If your claim is meritorious then the law says you are entitled to it.

3. I did not think the case was strong enough to win

Some people make these decisions based on their own every day knowledge but without knowledge of the law. We are experts in deciding whether a case will be successful or not. Ask us and we will advise you on whether your case is worth pursuing.

4. I don’t want other people to know my business

Your case will be dealt with confidentially by your solicitor. Only the people party to your claim such as the defendants, witnesses, the expert doctors and the Court will know about the claim.

5. I think making a claim would be too time consuming and take too long

A clinical negligence or personal injury claim can be a time consuming and lengthy process. Various hurdles have to be met in order to prove your case. We need to gather evidence to prove the claim and this can take time. Liaising with the defendants and third parties, such as the expert doctors can take time and so too can the Court process. You can get on with your life while the claim goes on. Some claims are over in a matter of months – others take a lot longer – it depends on the complexity of the case and the severity of your injuries.

6. I am concerned about the costs I would have to pay

Our firm work on a no-win, no-fee basis. We will tell you from the outset what you might have to pay at the end of your claim if it is successful. Unless certain circumstances arise, any monies you would have to pay to us would be paid from your compensation at the end of the case. Generally if you do not win your case you will not have to pay anything. We will update you as the claim goes along.

7. I don’t have time or the money visit a solicitor or my mobility problems will make the visit difficult for me

We normally don’t ask you to come into the office but we will visit you at a time that suits you, in your home. We also complete appointments over the phone were appropriate.

8. I am not good with paperwork

There will be paperwork but we will handle the majority of it as your solicitor. We will send the completed documents to you for you to check and approve. If you have any questions about the paperwork we are always happy to speak with you and go through it to ensure that you understand what the purpose of those documents are and why we need them.

9. I don’t want to go to court

We realise that going to court can be a daunting experience so it is good to know that the majority of personal injury and clinical negligence cases settle without the need to go to court.

10. I think I am out of time to make a claim for compensation

In the United Kingdom a personal injury claim has a time limit of 3 years from the date of the accident or injury. If legal proceedings are not initiated within 3 years, the case is considered time barred and you are no longer entitled to claim unless you have the court’s permission.

If you want to discuss a personal injury or clinical negligence claim then please contact us on 0161 615 5554