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Councils Fight Personal Injury Claims
Since the beginning of no win, no fee compensation claims, slips, trips and falls have become the most hotly contested types of personal injury claims. In the early days, councils noticed a dramatic increase in the number of claims and paid out large amounts of compensation. Now, however, money-minded councils have decided to fight harder against claims to save their limited budgets,
According to a recent survey carried out by a leading consumer rights website, the number of successful personal injury claims launched at councils has fallen sharply over a five-year period. More than 75 councils across the UK were surveyed, revealing that, in the years between 2004 and 2009, the number of upheld complaints against councils has fallen by 12% - despite the fact that the number of personal injury claims and complaints had increased. These figures point to the fact that councils are now more prepared than ever to take a stand against claims that they believe to be practically groundless.
As the litigation industry blossomed, people were prepared to blame a variety of conditions and injuries on minor falls and slips that occurred on things such as broken paving slabs. Primarily they were prepared to do this because the councils seemed eager to protect themselves through compensation payments; for the councils, it was far easier to pay out than to properly investigate and repair, if necessary, the problem in question.
However, as the personal injury industry has become more established, councils have become aware of an increase in fraudulent or frivolous claims and decided to fight litigation with litigation, saving themselves money and sending out a stark warning to those considering trying to jump cynically onto the personal injury bandwagon. In the past, claims where the councils have not been at fault have cost millions of pounds a year to deal with. In addition to fighting back, councils have turned the tables on those found guilty of launching frivolous lawsuits by introducing fines, which can be up to £3,000.
To help combat insubstantial claims councils have embraced new guidelines. For example, someone tripping over a faulty paving slab will have no grounds to sue if the lip of the crack is under a certain height. In addition, timing is very important; if the fault occurred in a particular timescale, such as the last 48 hours, and there is no way that the council would have been aware of it, then a claim is highly unlikely to be considered seriously.
However, those with legitimate claims shouldn’t worry about new guidelines and potential fines. Genuine claims are dealt with quickly and efficiently by dedicated council staff trained to deal with these situations. Despite this, it is worth remembering that evidence is the key to any successful personal injury claim; photographs, the names and addresses of witnesses and the verification of injuries by a doctor can all help to support a claim and ensure that compensation is received swiftly. As those launching frivolous claims are discovering: a case is not supported by injuries alone.
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