It’s increasingly hard to decipher what is true and what is ‘fake news’ in our current online world. One topic that has a lot of confusion and misunderstanding surrounding it is personal injury.

That’s why this guide aims to flatten any myths surrounding the topic and brings with it some handy FAQs.

Personal injury claim myths

Myth one: There are caps on personal injury damages

In the majority of cases, there are no financial caps on personal injury damages. Every case is unique and therefore compensation will vary and will depend upon the circumstances and the severity of the injury.

Myth two: I have to pay tax on my personal injury settlement

By law, any compensation secured for personal injury damages is tax-free.

Myth three: I have to go to court to obtain my personal injury compensation

This is rarely the case and unless your case is very complicated or involves a dispute, on the facts or on the medical evidence, you shouldn’t have to attend court.

Court hearings lead to an increase in the legal costs and so defendant insurers want to avoid that if possible.

Myth four: There’s no rush to make a claim

Actually, there is a strict three-year time limit to make a personal injury claim. There are some very rare exceptions, but it is recommended to contact a personal injury specialist as soon as possible to discuss your case.

Myth five: It’s too expensive to make a claim

You can fund a personal injury claim in various ways.

Trade union membership offers a free legal service, so it’s worth checking if you, or someone in the family, are part of a trade union or consider joining one if you aren’t.

Some solicitors operate on a ‘no win, no fee’ basis, which means you will only pay your solicitor a percentage of your compensation if you are successful. The amount you pay is agreed before starting the claims process.

Personal injury FAQs

What do I need to do to make a personal injury claim?

You should report your accident to whoever was responsible as soon as possible.

If there were any witnesses, it would help your case if you could take their names and contact details and, if possible, take some photographs of the place the accident happened.

These will all help your lawyer to prove that your injury was caused because of someone else’s fault.

How are personal injury claims calculated?

Each case is unique; calculating damages is complicated and depends on factors such as the extent of the financial losses, the severity of your injury and the effects it has had on your everyday life.

How long will it take before there is an offer of compensation?

Again, because each case is unique, it’s hard to give a definitive answer. If your claim is relatively straight forward with no dispute, it can be resolved in a matter of months.

How do I make a claim?

You should contact a specialist personal injury lawyer as soon as possible to discuss your case. Lots of lawyers claim to do personal injury but there are firms who specialise and will be able to guide you through the claims process and help relieve the stress on you and your loved ones following an accident much more effectively.