What Is The Lowest Amount You Can Claim For Personal Injury?
Posted on 1st April 2020
Over the past decade and more, there have been a clearly defined set of lines between trade unions and personal injury solicitors who represent injured people on one side and, on the other, local authorities and those who insure the companies the claims are against. The insurers constantly claim that they are being forced to increase premiums because of claims, the counter argument raised by solicitors and trade unions is that people were looked after properly, there would be no need to claim.
What has changed on the Defendant side?
The threshold for personal injury claims for Road Traffic Accidents will raise to £5,000.00 later this year, assuming the deadline is not put back as it has been already. Claims for soft tissue injuries from Road Traffic Accidents valued at less than £5,000.00 will not be eligible to include legal fees, and a new fixed tariff of injuries and awards for soft tissue injuries will be introduced. Rest assured, MG Legal, your personal injury solicitor in Garstang, will still be accepting claims arising from injury from this type of claim, whatever the insurance industry tries to do to stop you making a claim.
The consensus, however, is different with Employer’s Liability (EL) claims in particular. The Association of British Insurers (ABI) and USDAW, the Union of Shop, Distribution and Associated Workers, have opposed the change to make the Small Claims Track limit for these types of claim £2,000.00. The argument, a very valid argument, is that in RTA’s, another driver is at fault. At work, the employer is responsible and if the limit is raised, this will put people off claiming and encourage employers to ‘cut corners’ and place less emphasis on health and safety, knowing they are less likely to be punished.
As Public Liability (PL) claims are based on broadly the same principle ie. Someone else in authority or a public body is responsible for the safety of the public, this appears likely to remain on the same footing. EL and PL claims share the same Pre-Action Protocols bar a couple of minor points and so splitting the two would be a mammoth task for legislators and specialist personal injury solicitors.
Legislation in place but no clear agreement how to bring it forward
The odd thing is, the legislation to bring in the changes to the EL/PL side of claims exists, as part of the Civil Liability Act 2018, however, no concrete plans have been made as to how this is to be put into action and there is no consensus as to how it could be amended to satisfy all sides, or at least a majority.
Does this affect me now?
Currently no, the injuries arising out of a Road Traffic Accident regime changes will not take effect until 01st August 2020, at the earliest, assuming they are not put back again. The new system remains incomplete and the current Covid-19 outbreak may mean further delays if attention must be diverted elsewhere. The current understanding is that it will not affect anyone who has a Road Traffic Accident and sustains injury until 01st August, even if you do not bring the claim until after this date. MG Legal, your personal injury solicitor in Garstang, intends to stay fully updated on the legislation so that we can advise clients and potential clients accurately.
The same is true for EL/PL cases; nothing has changed and so, if you have an accident at work, or an accident in a public place, simply contact MG Legal, your personal injury solicitor in Garstang, to discuss how we can help you with your claim.
As we want the best for our clients, we will be monitoring the situation carefully and supporting the coalition of organisations fighting the changes that will deprive people of their right to legal representation.
How do I make a Personal Injury Compensation Claim?
Just contact MG Legal, your personal injury solicitor in Garstang, by calling, emailing, using our web-contact form or by visiting one of the offices in Garstang, Lancaster and Longridge. We will put you in touch with our dedicated Personal Injury team who will discuss your claim with you and look to have the ball rolling the same day. With all accepted claims being dealt with on a Conditional Fee Agreement (no win, no fee) basis, look no further than MG Legal for your local personal injury solicitor.
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