Following from a recent post, proving a soft tissue injury (such as whiplash) can be hard, as typical symptoms, whilst painful, do not show up regularly on medical scans. Those traditional symptoms can also take some time to manifest themselves, and therefore it can be hard in some cases to prove that the cause of those injuries is actually an accident that was not the victim’s fault. Further, proving that the party was actually at fault can also be hard in some personal injury cases.
Despite that, it is the victim’s right to seek a legal remedy. It is the victim’s right to seek justice, and to make a personal injury claim against the at fault party. It is a principle of law any such wrongdoer should be held to account for their actions or negligence.
That is why government proposals on reforms to soft tissue personal injury claims are all the more alarming. As part of the proposals, as mentioned, compensation claims for whiplash and related injuries would be capped. A proposal has also been suggested that compensation should only be awarded if a medical report was submitted as proof of injury.
Amongst the proposed changes, the limit for personal injury claims in the small claims courts would also be increased from £1,000 to £5,000. What that means is that currently, in cases where a personal injury claim is worth £1,000 or less, the victim’s legal costs are not recoverable from the other side regardless of success. Under the proposal, that limit for recoverable costs would be raised to £5,000.
The effect of that will be that fewer victims suffering from soft tissue injuries would be likely to make claims against the at fault party. The question of legal fees and costs would also become an increasing concern, for both victims and lawyers alike; for fear of hefty legal bills, against falling compensation awards, lawyers and victims would be less inclined to brings claims in many cases. Those seriously injured by soft tissue injuries would be the worst impacted.
At CompensationClaims.co, we remain committed to seeking justice for victims of personal injury. If you have suffered a soft tissue injury in an accident that was not your fault within the last three years, then talk to our expert lawyers today to see whether you could make a claim against the at fault party.