Recent statistics for the UK show that, across the country, accident compensation claims are on the increase, with people making claims against other individuals, or against big organisations. Personal injury law covers everything from road accidents to medical negligence, and the number of people making claims is rising in all of these areas.
Financial damages can be claimed in the event of an individual sustaining physical or psychological injury due to the negligence of another person. By enlisting the help of a lawyer, solicitor or claims assessor to determine who is responsible for their injury, the victim can claim either 'general damages' which will cover a loss of earnings and any suffering caused as a consequence, or 'special damages' which covers any financial losses incurred as a result of the injury itself (for instance, a new car after a road traffic accident).
By supporting your claim with evidence (witness testimony, accident book records, medical reports or photographs) a lawyer can take your case to court to contest the issue of fault. Whilst a breach of 'duty of care' can apply to both individuals and organizations that have failed to uphold their responsibility not to harm others, 'negligent behaviour' or 'contributory negligence' implies that the guilty party could have foreseen that their actions would cause harm.
In an effort to curb current trends, the government plans to get rid of no win, no fee when it reforms the current system in 2013. But critics of these proposals warn that this will limit or remove access to justice for those on the lowest incomes, raising some serious moral questions.
Unfortunately, however, the byproduct of this will be that people who don't have the financial means to fund a claim (that they have no guarantee will succeed) will not be able to go to court at all. That means that the most vulnerable members of society won't have the same access to justice in personal injury cases as those with a higher income, undermining the democratic principles on which our judicial system is supposed to be founded. It remains to be seen exactly how this change to the law will play out, but anyone interested in standing up for their rights would be well-advised to keep following this story.
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