For many years personal injury lawyers have faced criticism that there is a compensation culture in this Country. This myth continues despite Government research confirming that the compensation culture does not exist and never has existed, but it appears to be an excellent marketing tool made by the Defendant insurance industry against those individuals who claim damages for injuries caused by the negligent of third parties.
A recent survey by APIL (Association of Personal Injury Lawyers) reinforced previous reports that no such compensation culture exists. In a recent poll conducted in August 2024 one in five UK adults said they had been injured or became ill because of somebody else’s negligence.
41% of those individuals had not claimed compensation for their injury or illness. As a result, it is estimated that currently 4.3 million potential victims of negligence have not gone on to claim or approach a law firm to pursue damages they would have been entitled to.
The reasons behind this appear to be that the majority of individuals who choose not to pursue a claim did so because they were concerned about the costs that the service of a lawyer would cost. Many firms do not charge for successful claims under what is commonly referred to as the “no win no fee” scheme which effectively means that if a claim is presented but unsuccessful there is no fee charged to the individual pursuing the claim, absent them being fundamentally dishonest.
On a successful claim the costs are borne from the damages by way of a deduction are normally 25% to pay for the solicitor’s service. Effectively if the claim is unsuccessful there is no charge to them for the lawyer’s services and if they are successful, they are guaranteed to recover 75% of the damages.
Solicitors are there to support victims of negligence and to make the process as stress free as possible. Upon receipt of appropriate medical evidence damages can be assessed.
The length of time the claim takes is often also another factor and often this is caused by the Defendant’s attitude which may mean claims proceed by way of Court action which unfortunately can be lengthy by virtue of the fact that the Court system is incredibly slow.
Mark Ellis, personal injury expert at Tilly Bailey & Irvine, has dealt with many claims over the last 38 years and has never seen such a poor service from the Court Service, underfunding and lack of resources in the Court system which frustrates Claimants and lawyers alike a matter which insurers for Defendants know well and use to delay claims when typically they will eventually settle.
PI solicitors now tend to concentrate and have expertise in various fields such as clinical negligence, industrial disease and high value claims, a level of experience that our team at Tilly Bailey & Irvine have. Tilly Bailey & Irvine pride themselves on being approachable, happy to have appointments in person or over the phone, whichever is convenient to the client.
If you wish to investigate a claim, please contact Tilly Bailey & Irvine on 01429 225200.
