MICHAEL VELAZQUEZ

Government to make changes to the claims system
Part of the civil justice system is being reviewed by the Government in a move to streamline the current process for workplace injuries. In response to a recent consultation paper on employers and public liability claims, the Government has indicated its intention to reform how disputes are handled in the county courts but is seeking further consultations to ensure an effective solution is found.

This forms part of a drive by the Government to improve the efficiency of personal injury claims and reduce the legal costs of the claims process.

Critics have warned that going too far with reform may affect the ability of genuine claimants to have full access to justice and have emphasised the importance that all injury claims, regardless of size or complexity are treated in a uniform and consistent manner.

Recent changes in how road traffic accidents are processed saw the introduction of a web based system called the Road Traffic Accident Personal Injury Scheme which processes claims in a pre-determined fashion and is geared towards early settlement and reducing costs. This scheme was launched in April 2010 and the government is now looking to increase the financial limit of the scheme from £10,000 to £25,000.

Solicitors urge caution
Experienced personal injury claims solicitors have criticised the Road Traffic Accident Personal Injury Scheme highlighting fundamental weaknesses in its operation. There is a worry that the newly proposed changes will suit insurance companies and big business and not safeguard the rights of genuine claimants.

How the process works
The operation of the injury claims system is straight forward and works on the basis that if you have been injured in an accident that wasn’t your fault then you may be entitled to compensation.

In order to be entitled to compensation there must be a provable fault by a third party. Proving fault will either be for negligence or breach of duty of care. You must then be able to demonstrate that you have actually suffered an injury and that can be physical or psychological. The final stage is to prove that the injury sustained was a direct result of the fault by the third party whether that be by their action, negligence or failure in duty of care.

It is always advisable to use an experienced personal injury claims solicitor to process your claim for compensation. They will undertake the whole injury claims process on your behalf.

A no win no fee arrangement is a process set up to ensure access to justice for all regardless of the ability to pay and means that your claim can be processed without upfront fees which only become payable if your claim is successful.

At the moment, most experienced no win no fee solicitors will charge a success fee and recover this from the opposing side as well as their costs but this is also under review and caps on fees are expected to form part of the new system.

Personal Injury Solicitors are specialists in personal injury claims. To find out more about injury claims visit our website at www.personal-injury-solicitors-london.co.uk for more information or simply call us on 0845 544 1794 and speak to one of our specialist solicitors.

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