In the focused research of LV= insurance group, 93% of general practitioner doctors have stated that in the past two years, they have seen a patient who in their opinion, deliberately exaggerated an injury in order to claim larger sums of money through compensation.

Furthermore, 79% of general practitioners have agreed that they had seen a patient whom in their specialised opinion was embellishing an injury in its entirety. This has not only been a waste of doctor’s time and resources, but also proves the ease at which these fraudulent claims are able to be made.

The media has enhanced personal injury lawyer advertisements on the television, informing the United Kingdom of individual’s rights to claim compensation from their accidents in their day to day lives. Since January 2009, £80 million has been spent on this type of advertising. It has been stated in the same research that 17% of those who claim do so primarily due to the viewing of such advertisements and media mentions.

It is not only the legal sector which is affected by this increased advertising for personal injury claims. The insurance sector is paid 87 pence in legal costs for every £1 of compensation awarded. This has caused insurance premiums to increase steadily. In addition, the NHS spends on average £8 million each year for consultations to assess individual injuries, of which a portion may be fabricated or exaggerated.

The Government advisor, Lord Young, has been keen to limit these types of advertising for personal injury lawyers in the media. He has been said to want to reform the method of which the profession operates, to reduce the number of fraudulent claims.

The director of technical claims at insurance group “LV=”, Martin Milliner, has previously explained that of course genuine injuries do require compensation. However, there are individuals who claim falsely who cost the NHS not only money, but time and resources. This has been having a detrimental impact on the quality of the service.

In November 2011, the Association of Personal Injury Lawyers (APIL) was warned by Ken Clarke. He has proposed to limit these types of “no win, no fee” claims as they affect only the weakest individuals in society and are detrimental to the rest of the public. Through limiting these types of claims, favourable effects will be seen almost immediately.

The surge in media advertising of personal injury claims has defiantly caused an increase of insurance claims and has no doubt had an unfavourable effect on our economy and cultural principles.

Albeit the media, legal practices and insurers are benefitting, the negative impact outweighs their gain.  This has also caused the public’s insurance premiums to increase in a struggling economic climate, where the public is unable to afford these rocketing increases. In addition, it has been detrimental to the NHS with a splurge of fake claims and consolations. Limiting these claims will be a beneficial solution for society with immediate effect and for the future.

Referral fees are currently a hot topic of debate amongst the House of Commons and the House of Lords, particularly in relation to personal injury lawyers, but also in relation to conveyancing. It is widely believe that referral fees have contributed to a large increase in dubious claims, particularly for whiplash, at a time when car accidents have been decreasing. Accordingly, there has been a lot of support both from within government and private organisations such as the Association of British Insurers to ban referral fees. On the flip side it has been argued that any ban on referral fees will limit the public’s access to justice.

It seemed as though the government had buckled under the pressure from the AIB and its members as they have recently been attempting to reform the law, or lack of it, on referral fees. However, the government has now suffered a setback as a recent attempt to make referral fees in personal injury a criminal offence failed at the House of Lords. The Legal Aid, Sentencing and Punishment of Offenders Bill was due to be amended to make referral fees illegal but this was rejected by peers. The referral fees in question mainly relate to payments by solicitors firms to insurance companies for the details of clients injured in car crashes. The practice has been described as unethical as details often get sold to the highest bidder which prevents people having their claims dealt with by more competent solicitors or at least prevents them from having a choice as to which solicitor to use. Despite this setback, some institutions, such as Axa, have unilaterally declared that they would no longer accept referral fees in personal injury claims and they continue to support the reform or criminalisation of referral fees.

The House of Lords has also rejected an attempt to make no-profit organisations exempt from the referral fee ban. Justice Minister Lord McNally said that claims managers may try to use the exemption to get around the ban which would therefore ridicule the ban.

Lord McNally added that plans are also afoot to prevent unsolicited marketing by claims management companies (CMCs), such as text messages and phone calls. Current legislation against unsolicited marketing is enforced by the Information Commissioner’s Office (ICO), however a recent action by the ICO found that unsolicited text messages are still common practice. Lord McNally explained that the matter is being discussed with the ICO, that regulators are working with the telecommunications industry and a cross-government working group has been set up to produce a guidance note for consumers including advice on how to make a complaint.

In other news, the government has also accepted a change to ensure the Supreme Court can make pro bono costs orders. It is hoped that this will improve services and provide additional funds to those who require free legal advice.

Accidents can happen at any time and accident lawyers are solicitors who act for clients that have suffered some form of personal injury that was not their fault.

Accident lawyers usually work on a no win no fee basis, meaning if your claim is unsuccessful then you do not have to pay any legal fees. If you claim is successful then you will receive 100% of the compensation and you legal expenses will be paid by the other party, usually through their insurance company.

No win no fee solicitors have become very popular in recent times, this is partly because they are free and people are finding it increasingly difficult to afford legal advice, but also because as a society we are now far more aware of our rights to compensation.

Bear in mind that you may even be able to fund your case through your own legal insurance cover which you may have as a benefit through your employer or as part of your home or car insurance policy.

What can I claim for?

You can make a claim through an accident lawyer provided the accident was the fault of someone else. The more serious your injuries and the greater the inconvenience on you and your family the more compensation you are likely to receive. Please note that the accident cannot be a near miss, there must be some affect on your life. The most common types of accidents were compensation is awarded are:

• Road Traffic Accidents and Whiplash
• Accidents at Work – such as RSI, asbestos and stress
• Slip, Trips and Falls in Public Places
• Criminal Injuries
• Accidents Abroad
• Clinical / Medical Negligence
• Faulty Products
• Sports Injuries

The list above is not exhaustive. There are many types of accident lawyers and you should choose one who has dealt with cases like yours in the past. For example, if you are claiming compensation following a car accident, you are likely to be better off seeking advice from a specialist car accident lawyer than say a clinical / medical negligence lawyer.

Claim process

You accident lawyer will deal with all the paperwork and will guide you through the process. However, you should obtain medical advice immediately and inform your insurance company or employer where appropriate. You should also take pictures of the scene of any accident and obtain the details of any witnesses so that you accident lawyer can contact them later. You accident lawyer will keep you regularly updated and ensure that any compensation you receive also takes into account any current or future costs such as medical expenses and loss of earnings. Please bear in mind that compensation is not intended to be a windfall, it is intended to put you in the position you would have been in had the accident not taken place.

The amount of time it takes to make a claim will depend on the circumstances of your case. A simple car accident claim may be settled within a few months whereas a more complicated medical negligence case could take years due to the amount of evidence that has to be collected.

Anything else I should know?

If you have suffered an accident that was not your fault and you wish to make a claim for compensation then you should bring your claim to an accident lawyer within 3 years of the date of the accident otherwise you case will be time barred. There are exceptions to this rule, but you would need special permission from a judge to bring a case after 3 years. This rule does not apply to children under the age of 18; they must bring their claim within three years of their 18^th birthday. There are some slightly different rules depending on the type of injury you have suffered, for example an accident abroad and your accident lawyer will be able to advise you accordingly.

Unfortunately accidents can happen anywhere. Whilst most people are familiar that compensation is available for accidents that happen in public or in the work place, they are less familiar with the fact that they may be entitled for compensation for an accident that takes place abroad. Be it a business trip or a holiday, an accident can occur at any point, from the moment you leave the country to the moment you return.

Accidents can include illnesses and provided you are not at fault and the accident has been caused by someone’s negligence you are entitled to claim compensation.

Accidents on Business

If your accident abroad occurred during the course of employment and you are employed by a UK company, you can bring your claim using a solicitor in the UK regardless of where the accident took place.

If you are working for a foreign company, which cannot be linked to the UK then your claim will have to be made in the country where the accident took place, which can be tricky.

Accidents on Holiday

If the accident occurred whilst on holiday, under The Package Travel, Package Holidays and Package Tours Regulations 1992 you would be able to claim compensation if you booked your holiday as part of a package and there had been some negligence on the part of the tour operator or one of their agents, for example, coach driver or hotel staff. Negligence could include anything from getting food poisoning in the hotel restaurant to slipping somewhere on the hotel’s grounds. In order for a holiday to be considered a package holiday it must:

• Be sold or offered for sale
• Be sold at an inclusive price
• Be pre-arranged
• Include a minimum of two of following elements:
  • Transport
  • Accommodation
  • Other tourist services such as a tour guide

If however, your accident occurred whilst doing a privately organised activity, such as jet skiing, then you will not be allowed to make a claim against the tour operator. In this scenario you would have to bring a claim in the country where the accident took place.

Accidents Involving People

If your accident was the fault of a third party who is a UK resident then you may bring a claim against them in the UK. If however, your accident is caused by a resident of the foreign country then you would have to bring the claim in that country.

Claims against Airlines

As mentioned above, accidents can take place at any stage during the travel process and accidents in airports or on an airline are not uncommon. Airline accidents can include: crashes or collisions, slip and trip, food poisoning, injury from falling items in overhead lockers etc.

Under the Montreal Convention, a claim can be brought against an airline in the country where they are based, the country you are flying to or the country where you live if the airline has a link to that country. Please note that the rules for claiming under the Montreal Convention are different to normal negligence claims, in that the time limit from brining a claim is two years, unlike the usual three years.

Road Traffic Accidents

The rules on road traffic accidents in foreign countries vary and it would be wise to seek the advice of a local specialist. The rules in the EU are simpler as under the EU motor insurance directives you can bring a case in the UK if the accident occurred in the EU or within the European Economic Area.

Claims for accidents outside these countries may have to be pursued in the country where the accident occurred.

What Steps Should I Take After My Accident?

If you find yourself in this situation then the first thing you should do is to seek immediate medical attention so that you can back up any future claim. If the accident took place in the course of employment be sure to inform your employer. Make sure that you have the personal details of any witnesses and where possible take photographs. Please bear in mind that the general time limit for bringing a claim in the UK is three years.

In a case which has been in the press this week, a Ferrari dealership technician, Stephen Harris, who as part of his role needed to test performance of clients’ car, was paralysed in an accident when driving at way above the speed limit for a minor road.

The case turns on a dispute over whether Mr Harris was instructed to test the Ferrari by driving it at excess speed or whether he chose to do this. He also claims negligence in that due to the nature of testing performance of a high performance vehicle, this is not possible on a normal road and therefore the assertion is that such testing should be organized on a test track. There seems to be some logic to this and if Mr Harris succeeds in his claim, garage owners who deal with high performance crash that need to be road tested will need to make arrangements to do so other than on public roads.