13 Popular Myths And Misconceptions About Personal Injury Claims
Sarah John's
Legal Writer
Many people may be discouraged from making accident claims in Scotland due to the numerous myths circulating about the process’s expense, difficulty, and length. You would have the right to compensation if you were hurt in an accident that wasn’t your fault.
A few common mistakes personal injury clients make are not doing their research and assuming all the myths highlighted below. The following list of compensation claims myths and misconceptions addresses some of them:
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Myth 1: Minor Injuries are Not Worth a Personal Injury Claim
You might not immediately be aware of the total degree of your injuries following a personal injury accident. Many injuries sustained in accidents are not immediately apparent and may worsen over time. Regardless of how serious your injuries appear; it would help if you always had a complete medical evaluation before claiming compensation.
Myth 2: Making a claim will be too expensive
Most personal injury claims in Scotland are filed on a no-win, no-fee basis, so you won’t be required to pay your lawyer anything if your case is unsuccessful. Your lawyer will deduct a “success fee” from your settlement if your claim is successful. This sum will be a relatively modest fraction of the compensation you receive and will have been agreed upon before the start of your case.
Myth 3: People With Insurance Do Not Need a Personal Injury Lawyer
Sadly, insurance providers do not always act in the best interests of accident victims. The insurance company will frequently try to pay you the least for your injury. Legal action may occasionally be necessary to make negligent parties accountable for their actions. The HD Legal Team will put in an endless effort to ensure you get the money you require to continue your life.
Myth 4: Making a claim is too complicated
Individuals may decide against pursuing their claim if they think it will be too difficult and stressful. Yet, the claims procedure is simple and adheres to the guidelines of the pre-action method for a personal injury claim in Scotland. Your solicitor will review the legal jargon with you to ensure you fully understand what is happening at every stage of the claims procedure.
You can always call a qualified legal advisor at 0141280 1112, who can let you know if you have a good case for compensation. Nevertheless, you won’t be pressured to proceed with your claim if you don’t want to.
Myth 5: Making a claim will be a lot of hassle
Really, this shouldn’t be the case. At HD Legal, we take pride in assisting our clients as simply as possible. We will organise as much of the procedure as possible on your behalf and progress the case.
Although there may be times when we need your assistance, such as when we need more information or to see a medical professional, you should be able to trust us to handle the work on your behalf. In exchange, we will keep you informed each step of the way in straightforward English rather than legal jargon.
Myth 6: Personal Injury Cases Can Be Filed at Any Time
Scotland has the Limitation Act 1980 on all personal injury claims. You have three years from the accident date to bring a personal injury claim if you were hurt in an accident. It is usually in your best interest to submit a claim well before the statute of limitations runs out, even though that may seem like plenty of time. Over time, evidence and witness accounts may be lost or destroyed, making it more difficult for your solicitor to prove liability.
Myth 7: You should never accept the first offer
Insurance companies are businesses that seek to maximize their profits. The first offer they make is often lower than they are willing to pay, as they want to settle the claim quickly and inexpensively. It’s important to carefully review the offer and negotiate a fair settlement that adequately compensates you for your losses. You must do so to avoid receiving less than you are entitled to.
People occasionally claim that they have heard they should never accept the first deal; just like when purchasing a used car, you should always haggle a little. There is some truth to this, but awarding compensation for personal injuries doesn’t involve pulling numbers out of thin air and hoping they seem appropriate.
While evaluating the merits of any offer and determining the actual value of losses, numerous aspects must be considered. To tell you whether the offer you received from insurance is fair, HD Legal has the legal expertise and information necessary to do so.
Everything will be considered when evaluating the offer accepted, from our early inspection of the accident and the pain you have experienced to the longer-term implications that injury may have on your capacity to generate money in the future.
We may accept the “initial offer” if the offer on the table at that point reflects the valuation determined. If not, we suggest that you decline the offer. Insurers typically use this tactic to “buy you off” with an early, undervalued offer
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Myth 8: I will be taxed on my personal injury compensation
Compensation for personal injuries is not taxed. According to Scottish law, any compensation or damages granted for personal injury are tax-free. This also covers any interest accrued between the date of the injury and the date the settlement was reached.
Myth 9: People Who File Personal Claims Are Greedy
Personal injury claims have a bad reputation that could make victims think that seeking compensation is just a method to gain quick cash. There is, however, no justification for feeling guilty or ashamed about making a personal injury claim.
Victims who must pay for their treatment may suffer severe financial hardship due to hospital stays, medications, and physical therapy costs. You are entitled to compensation for your losses if you were hurt in an accident due to someone else’s negligence.
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Myth 10: It’s more than three years since my injury so it’s too late to bring a claim
Many people believe they are ineligible to file a personal injury claim for compensation if they wait more than three years after the accident. However, the Limitation Act of 1980 stipulates that the claim must be filed no later than three years after the accident or three years after the extent of the injury becomes apparent, whichever occurs later.
Hence, you can still file a claim if you experience an accident but don’t realise how serious it is until much later.
Myth 11: If I make a claim against my employer they can sack me
Many people are concerned about this; however, if your employer sacked you specifically because you filed a claim for an injury sustained at work, you would have a second claim against them because it breaches your employment rights. Remember that it is your employer’s responsibility to ensure your safety while you are at work, and they should have insurance in place to cover the costs of a personal injury claim.
You can still be eligible for constructive dismissal if your employer started to make working there intolerable and you felt forced to quit.
Myth 12: All personal injury lawyers are the same
There is a common misconception that all personal injury lawyers are the same. There are many different types of lawyers, each with unique expertise. For instance, some lawyers may specialize in HD claims. In contrast, others may have more experience with car accidents or slips and fall.
It’s essential to do your research when choosing a personal injury lawyer. Refrain from assuming they will be equally skilled in one area just because they have experience in another. Additionally, don’t base your decision solely on the recommendations of previous lawyers you’ve worked with or friends who have had similar cases.
Finding the right personal injury lawyer for your case requires time and effort. Look for someone with extensive experience in your specific type of case and who you feel comfortable working with throughout the legal process.
We have an extensive panel of lawyers, so we are uniquely positioned to find you the best lawyer for your case.
Myth 13: I’ll be fired if I claim against my employer or I will cause them to go bankrupt
It is a common myth that making a claim against your employer or filing a lawsuit will lead to termination or bankruptcy of the company. Employers are required by law to have insurance to cover claims made by their employees. This type of insurance, known as workers’ compensation insurance, is designed to protect the employer and the employee in case of a workplace injury or illness.
Similarly, public liability insurance covers the costs of claims made by members of the public against a business. So, suppose you have been injured or suffered harm at work. In that case, you can claim compensation without fear of reprisal from your employer. However, seeking legal advice before taking any legal action is always advisable to ensure you understand your rights and the potential outcomes of your actions.
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