Councils found to fight personal injury claims
Ever since no win no fee compensation claims for personal injury have been introduced, the most hotly contested type of claim have been slip, trip and fall claims; it is often in these cases that it is hardest to determine who is truly responsible for the injury. Recently, it is being found that, both as a consequence of greater savvy because of how long these claims have existed for, as well as a result of financially-minded councils attempting to make savings in the recession, these claims are being fought particularly hard by local councils.
A recent survey carried out on the topic demonstrates these findings: while the number of claims being launched has risen in a 5-year period, the percentage of successful claims has dropped dramatically. More than 75 councils from across the UK were involved in the survey, which revealed that, in the years between 2004 and 2009, the number of complaints upheld against councils has dropped by 12%, even though, in raw numbers, the absolute number of claims being pursued has risen.
After the introduction of no win, no fee claims, the industry quickly became very profitable, with a number of new no win, no fee firms opening. At first, with a number of claims being pursued against councils for slip and trip accidents, councils were only too ready to pay out compensation. If, for instance, a claimant blamed a fall on a broken paving slab, it was easier for the council to simply admit liability than to launch an investigation that could be costly and time-consuming, as well as, if necessary, having to fix the damage.
Over time, however, as the industry became more established, with no win, no fee compensation claims becoming better known, there was a parallel increase in the number of frivolous or outright fraudulent claims. Councils, too, became more aware of this fact. Many councils have introduced fines for those found guilty of launching frivolous lawsuits; these fines can sometimes be as high as £3, 000. At the same time, councils have become more prepared to fight legal battles in these cases.
At the same time, many new regulations have been introduced to more properly establish where liability can be placed. To give just a single example, compensation claims for faulty paving slabs can only be pursued where the slab is over a certain height. Time is often a factor, also: in cases where it is unreasonable to expect the council to have fixed a problem in the short time between the council being made aware of the problem and the accident occurring, it is often difficult for a claim to be successful.
Those, however, who are pursuing genuine claims in which the council has a reasonable degree of responsibility should not be put off by this information. These claims can often expect to be dealt with quickly and without hassle.
Updated on 1/4/2011