Major Changes to Personal Injury Claims

April 8, 2013 - PRLog -- Recent government legislation reforms have led to significant changes to the amount of compensation personal injury claimants can receive. These reforms mean that some claim costs will no longer be recoverable from the third-party responsible, but will instead have to be paid out of the injured person’s compensation.

The changes, which came into force on 1 April 2013, were put in place in response to recommendations made in a report by Lord Justice Jackson. Whereas previously claimants were able to claim a success fee from the opposition, this will now be payable out of the damages awarded to them, subject to a 25% cap.

Legal expense insurance costs, which were also previously recoverable from the responsible third-party, will have to be paid out of the injured person’s compensation too.

Karl Tonks, President of the Association of Personal Injury Lawyers (APIL) said: “This goes against the general principle of compensation claims, which is that the claimant should receive the right amount of money in compensation to return him to the position he was in before the injury occurred. It switches the burden from the guilty party to the victim. Nobody asks to be injured and now injured people are expected to cover the cost of pursuing redress”.

Tim Cogan, Senior Partner and Personal Injury solicitor at Tinsdills Solicitors commented: “These reforms have been made solely with the intention of discouraging people from bringing about claims. If people still decide to do so it makes things much more difficult and they now have to contribute to the costs out of their compensation. Many people will be denied access to justice as a result and the only people who will benefit are the shareholders in insurance companies and the government who has to pay out the most in compensation every year.

Tinsdills Solicitors have years of experience representing people in personal injury cases and can help with everything from road traffic accidents, slips, trips and falls and accidents at work to disease claims, medical negligence and the most severe brain and spinal injuries. We still offer a ‘no win, no fee’ service.

Our initial advice is free and comes with no obligation, so call our dedicated personal injury team today on 01782 652 300 for more help and information.

About Tinsdills Solicitors
Tinsdills Solicitors are one of the largest and most experienced firms in North Staffordshire and South Cheshire with offices in Leek, Hanley, Newcastle-under-Lyme and Sandbach.

Our specialised departments offer an expert and friendly legal advice service for personal and business clients including residential property, family law, company and commercial, wills trusts and probate, professional negligence and personal injury. For more information call 01782 262031 or visit or visit http://www.tinsdills.co.uk.

Press Contact:

Mark Gibson
Tinsdills Solicitors
01782 652 365
mark.gibson@tinsdills.co.uk