Common Personal Injury Claim Misconceptions

by laurenknowles on October 16, 2014

Misinformation in the press has caused negative perceptions of the personal injury claims industry. This unfortunately means that there are many possible claimants who are missing out on compensation due to fear and misunderstanding of the claims process.

We have researched three of the most common claimant misconceptions and offered advice on how to reassure your clients.

 ‘I’ll have to go to court’

Probably the most common misconception is the claimant’s belief that all personal injury claims end in court proceedings. In fact, whilst 30% of personal injury claims start court proceedings only 1-2% of cases result in a full trial.

It is important to reassure claimants that in the vast majority of cases insurers will want to avoid going to trail as it can be a costly process, highlight to your client that most cases are settled amicably before the litigation process is reached.

Considering the stress of going to court is one of the most prominent worries in a client’s mind, it is important that you do all you can to reassure your client, make sure you fully explain all the details of the average claim process from start to finish.

‘You don’t need a solicitor if you have insurance’

Many potential claimants will rely on their insurers to secure the best deal possible on their behalf. However, they may be unaware that insurers cannot be consistently relied upon to fulfil this expectation.

Most insurers have dramatically altered the way that they handle claims in the UK. Insurance companies employ teams of people to assess each claim. The main aim of these teams is to keep costs low and save money wherever possible. They will scrutinise each claim to find loopholes to avoid representing you and are more likely to settle for compensation offers which are much lower than the amount a solicitor could achieve, in order to reduce legal fees.

It is therefore vital that you explain to any potential client that your aim is to receive the most amount of compensation possible from the opposition, in order to help their recovery process. In any ‘no-win no-fee’ agreements it can be important to highlight your own reasons for them winning their case, in order to demonstrate your commitment to their claim.

‘I’ll have to pay huge solicitors fees and the money will take years to be compensated’

Fear of losing out on compensation can often stop someone from making a claim. On average claimants take home 75% of their compensation, which is a much higher number than anticipated by most. It is important to make clear that most solicitors work to get compensation to the claimant’s bank account as quickly as possible.

It is also vital to highlight that this will not affect a claimants treatment time, as they will not have to wait for the case to settle to obtain treatment for injuries. Reassure your client that as soon as their liability has been assessed treatment can begin. A quick and smooth recovery process is as important to a client as receiving compensation.

It is important to remember that many of those thinking about making a personal injury claim, have never been involved in any legal action. The thought of contacting a solicitor can be a daunting. To help your client through the process and get the best result for both of you, keep friendly and reassuring and work to alleviate the stress that making a claim can have on a claimant. This will ensure that the process is as hassle free possible for both solicitor and claimant.


Lauren Knowles is a Digital Content Writer for Croftons Injury Claims who have years of experience in supporting personal injury claimants through the entire legal process, to ensure they receive the best compensation possible. 



Lauren Knowles is a digital content writer specialising in property law, personal injury claims and medical negligence cases.

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