Where There’s Blame There’s a Claim! But What Does That Actually Mean?

Mark Benson

Mark Benson

Money Savings Advice Where there's blame there's a claim

There is no doubt that the original “Where there’s blame there’s a claim” advertising campaign had a huge impact on the personal injury claims market.

There must have been thousands of perfectly valid compensation claims which were not even considered prior to the educational TV campaign. So, what has changed in the personal injury claims market since the campaign?

It is safe to say that the general public, employers and various other parties are now more aware of their obligations and the potential for compensation claims.

This has had a huge impact on health and safety in the workplace and many other areas of everyday life.

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What Are the Basics of Personal Injury Claims?

The idea of the advertising campaign was simple, to relate blame with negligence. If you can prove negligence, then you can pursue compensation for injuries received. The key is to prove negligence which will require evidence and the assistance of claims management companies.


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Do I Need to Use a Claims Management Company?

No. There is nothing stopping you “going it alone” if you have been injured as a consequence of negligence by your employer or any other third party.

It can, however, prove challenging to navigate the UK legal system which is not always as straightforward as you might assume.

We have seen many perfectly valid claims fall by the wayside due to misunderstandings and failure to meet deadlines. Therefore, it is no surprise to learn that the “Where there’s blame there’s a claim” campaign has led to more people utilising the services of claims management companies.

How Do I Prove Negligence?

If you have been injured as a consequence of negligence by one or more third parties, you will need to prove this first of all. The type of evidence required might include any of the following:-

  • Photographic evidence
  • Medical evidence
  • Treatment received
  • Timeline of events
  • Witness statements
  • Details of pain and suffering
  • Evidence of health and safety breaches
  • Substandard training
  • Inappropriate allocation of work tasks

This list is by no means exclusive, but it does give you an idea of the type of information required to prove negligence.

So, what should you do after collecting as much evidence as possible?

Approaching a Claims Management Company With Your Evidence

It is sensible to approach a claims management company with details of your case and supporting evidence. They will review all of the information as an independent third party and advise you on your chances of success.

If they believe you have a minimum 60% chance of success, the likelihood is they will offer to take on your case. In the vast majority of cases, especially after the television advertising campaign, this will be on a “no-win, no fee” arrangement.

What Is a No-Win, No Fee Arrangement?

As the term suggests, this arrangement effectively indemnifies the claimant from any expenses incurred by the claims management company when pursuing the case. The level of these expenses will vary from case to case but can be significant.

As a consequence, the claims management company would look to negotiate a “success fee” with the claimant. This would entitle him to a share of any compensation awarded with the average being around 25%.

What Is the Process for Proving Negligence and Claiming Compensation?

The first action is to provide the defendant with details of your case, evidence and compensation demands. Initially, they will have 21 days in which to respond and then a further three months in which to prepare their case.

If you have a strong case, there is every chance that the defendant will admit negligence. In this scenario, it is then a case of out-of-court negotiations to arrive at a compensation package.

History shows that claims management companies will on average secure significantly more than individuals acting on their own.


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What Happens if Negligence Is Disputed?

If the defendant disputes the allegations of negligence, then the case will go before the courts. A judge will hear all of the evidence and make a ruling. In the event that claims of negligence are upheld the judge will also consider a request for compensation.

Taking everything into account, they were likely award general damages and special damages.

What if Negligence Is Admitted, but There Is No Agreement on Compensation?

If negligence is admitted, but there is no agreement on compensation, then the case will go before the courts. A judge will rule on the level of general damages and special damages to be awarded.

Do Judges Have Any Discretion on Levels of Compensation?

If the defendant refuses to enter into out-of-court negotiations, then the judge can add an additional 10% to any successful compensation claims. This is a means of “encouraging” all parties to negotiate potential settlements without the use of court time.

What Are General Damages?

General damages relate to compensation for pain and suffering caused by accident. There are industry guidelines with regards to different levels of compensation for different injuries. As a consequence, there is a limit on the level of general damages which can be awarded.

What Are Special Damages?

Special damages relate to expenses occurred to date, expected going forward and also other issues such as loss of earnings. It will obviously depend upon the severity of the injuries/medical condition and the impact on the claimant’s life.

However, there is no upper limit on special damages which are often greater than general damages.

Can I Negotiate an Interim Payment?

There are occasions where serious injuries have occurred, negligence has been accepted, and the two parties are simply negotiating compensation. At this point, it should be fairly obvious what level of, for example, general damages are likely to be paid.

As a consequence, it may be possible to negotiate an interim payment to avoid any financial distress for the claimant. Obviously, this would be deducted from the final compensation award.

Summary

There is no doubt that the “Where there’s blame there’s a claim” advertising campaign of years ago, had a huge impact on the industry. The general public is now more aware of personal injury claims, the process has been simplified, and more third parties are now being held to account.

Obviously, the compensation for the claimant is very important. However, many people fail to realise the potentially huge impact on future health and safety when negligent third parties are held to account. As well as securing compensation for your injuries, you may well be saving many lives going forward.

Quick Personal Injury FAQs


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How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Money Savings Advice Author Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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