What will the proposed changes to Personal Injury Law mean for you?
In last year’s autumn statement, the Chancellor George Osbourne announced plans to overhaul personal injury legislation. These reforms include increasing the small claims limit to £5000 and removing the right to compensation for victims of soft tissue injuries, including whiplash.
While the main aim of these plans is purported to be the “changing [of] compensation culture around minor motor accident injuries”, the plans will have more far reaching consequences. They will affect all areas of personal injury law, including accidents at work, slipping and tripping injuries, as well as road traffic accidents.
So, how will these changes affect your access to justice?
Currently, if you have a claim worth more than £1000 you are entitled to recover legal costs if you win your case. This is with a conditional fee agreement (CFA) – commonly known as “No Win No Fee”. A victim can go ahead and pursue a claim for compensation without the additional worry about the expense of hiring a lawyer.
Under the Government’s new proposals, claims worth under the new £5000 limit will be dealt with in the small claims court. Cases in the small claims court do not qualify for legal aid. So victims of accidents will either have to represent themselves without the help of a lawyer or pay out of their own pocket for legal advice from a solicitor. The injuries sustained, and the impacts, can be a complex issue, and many claimants will not even know how much their claim is worth. They will have to face defendants who will usually be represented by a solicitor, often paid for by an insurance company. And even if you win, the small claims court does not allow you to claim the costs back from the defendant.
Many genuine victims will be deterred from bringing a claim at all, and not receive any compensation for an injury which may have a considerable impact on their life and livelihood.
“The Government’s apparent determination to make life harder for people with personal injury claims is both disappointing and deeply frustrating,” says Neil Sugarman, the president of APIL (the Association of Personal Injury Lawyers).
“The Government continues to give the impression that injuries which don’t attract a great deal of compensation, such as whiplash injuries, are somehow ‘trivial’ or ‘unnecessary’ and that people suffering with those injuries should not be allowed damages for their pain and suffering at all. But anyone who has had such an injury knows just how painful and debilitating it can be.”
According to APIL, the vast majority of personal injury cases are worth £5000 or less. These include injuries which can affect your livelihood, lead to permanent disability, and have a lasting impact on your quality of life.
Here at Gordon Dean Solicitors, we believe everyone should have access to the law, no matter where you are from or how much you earn. When you contact us, we will always advise you on the funding arrangements available to you and the best way in which you can settle your case.