ARTICLE BY: NATASHA GOLDING
When making a claim for Personal Injury, it is important for the Claimant to make sure that they are certain of the facts and figures before it is submitted to the Defendant’s representatives. This may involve the need to check documents such as the content of any accident reports held, or their contemporaneous medical notes.
After the claim has been sent, it is likely the Defendant’s representatives would raise issue with any changes made to the claim including the accident date, the circumstances alleged, and the exact injuries/symptoms suffered, as it can lead to them questioning the Claimant’s credibility and reliability.
In some circumstances if it is believed the Claimant has not been truthful in all/some aspects of their claim, the Defendant’s representatives could raise arguments of exaggeration, and even allegations of dishonesty or fraud, which could result in the Claimant being responsible for potentially thousands of pounds worth of costs or, in extreme circumstances, a criminal conviction/a custodial sentence.
It is also important to ensure that the Claimant fully co-operates with their solicitors as a failure to do so could mean a breach of the contract entered into at the outset of their claim.
The contract most cases run on is a Conditional Fee Agreement (CFA), the ‘no-win, no-fee basis’, which will normally include terms and conditions (T&Cs) such as the need to co-operate, to provide timely instructions when requested by their solicitors, to attend any appointments required by the claim, and to not exaggerate or provide misleading information at any point.
A breach of such T&Cs could result in delays to the claim and, in some circumstances, a bill for any unnecessary costs and/or disbursements that have been incurred as a result of the breach.
If the Claimant ever has any concerns or queries regarding their claim, they should look to speak to their solicitors at the earliest opportunity so that any potential issues can be dealt with sooner rather than later.
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Meet the author
Natasha Golding has been at Oakwood Solicitors since February 2016, and has many years’ experience within the legal industry. She has conducted claims both in and out of the Portal, and also those…
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