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What Happens When You Lose A Personal Injury Claim

Legal Aid for personal injury cases is no longer available in the UK. Fortunately, there is some good news: when someone makes a claim for a personal injury and the non-legal aid solicitor loses the case, there are a couple of available options to guarantee that the claimant is able to cover the legal costs of both themselves and the defendant.

This is very important, as under English law, when a case is lost, the claimant is liable for all the legal costs. One of the options is finding a no-win, no-fee solicitor, like WINWales, who, in the event of losing the case, will not require a fee. Furthermore, claimants may also buy an insurance policy for legal fees to ensure that both the defendant's expenses and the solicitor's charges are fully met.

The Reasons Why a Personal Injury Case Might Be Lost

There are a number of reasons why a claimant may lose a personal injury case. These run from contributing to the accident happening in the first place, to not taking the appropriate legal measures. The following include common reasons why a claimant can easily lose their claim at court:

  1. Not having any professional expert opinions. In order to prove negligent behaviour, parties often have to be reliant on testimony from witnesses, but this is not sufficient. An expert is necessary to be able to explain how the accident happened, in a competent and professional manner which is respected by the court.
  2. Presumption of risk or contributory negligence.
  3. If the claimant played a part in attaining their injuries and was negligent, or if they risked a clearly hazardous activity (and went forward with it regardless of the danger). The aforementioned can negate a claimant's case, and are common defences.
  4. When the claimant is unable to provide proof. Victory in a personal injury case necessitates robust evidence. After an injury, steps must be taken as soon as possible to: make a police report and get a case number, obtain medical treatment and get a medical report signed by a GP or other specialist, make a note of what happened and relevant descriptions, take photographs, and to get the details of credible witnesses.
  5. Poor credibility: the claimant's character can be a vital aspect of the case. All data that is provided in the personal injury claim must be accurate and true.

Claimants misrepresenting their injuries to their GP destroys their credibility, and ultimately, their case. It is important to bear in mind that the case can be harmed by any deviation with the report drawn up by the police, or with other crucial records that hold evidence on the case. Lying to insurance companies can also lead to losing a claim. It is far better to get an experienced injury claim solicitor to deal with the insurance companies and fill out the complex insurance questionnaires. In many cases, he or she will be able to identify legal issues which the claimant will not have understood. Furthermore, the solicitor will also be able to offer valuable guidance which is unique to the claimant's personal case.


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