It can be very demoralising if your personal injury claim is rejected. You may feel you warrant compensation for an injury that has impacted your life, and for Romanians in London, there can be an additional barrier of language – causing documents to be misunderstood or process to be overlooked. But fear not, you are not out of options.
We at Remus Robu Solicitors regularly advise on how to make work injury claims, but personal injury cases can be very different. It’s worth noting that relatively few personal injury claims go to court – and lawyers can be cautious as to what cases they should put their time into.
These are the top reasons your personal injury claim may be rejected – by other solicitors, by the defendant, or by the court. But a rejection for your claim does not have to be the end of your case, and you still may be able to get recourse.
Reason 1: The time limit has expired
Time limits vary, but the most common in personal injury claims in the UK is 3 years. Court proceedings must be brought within this time. This is based on the 1980 Limitation Act, which sets out that 3-year primary period for personal injury claims. If your case happened outside of this timeframe, it may be rejected immediately.
What to do: There are certain specific situations where the standard three year limit may be altered. This includes situations where the injured individual’s mental capacity is impacted (including accidents in childhood); situations where the “date of knowledge” of injury is unclear, such as exposure cases to asbestos cases; and situations where evidence of fault is concealed. Remus Robu Solicitors can help determine with expert advice whether you can still pursue compensation.
Reason 2: The defendant denies liability
For most personal injury claims, it must be proved that the defendant owed you a duty of care that they failed to meet. It must then be proved that the breach of the duty of care led to your injuries. Failure to prove any of these with acceptable evidence will likely mean your claim is rejected.
The most common way this happens is the defendant – the person you are claiming against – denies liability. In this case, you can negotiate or, if necessary, proceed to litigation.
What to do: Strengthen your evidence. Gather medical records, accident reports and witness statements. Ensure your case is strong and contact a new solicitor with it, who can walk you through any potential problems or gaps in your case.
Reason 3: Contributory Negligence
A defendant can argue you were partly (or wholly) responsible for your injuries. For instance, if you were injured at work and were not wearing a hard hat. This is contributory negligence, and it can lead to your claim being rejected or reduced.
The responsibility to prove negligence rests with the claimant. The claimant must show that, more likely than not, that the defendant owed them a duty of care that was breached, and the breach caused the injury. If these all cannot be proven, the claim will likely be rejected.
What to do: Contributory negligence doesn’t necessarily mean a claim will be rejected outright – it can result in a claim being reduced proportionately, by 25% or 50%. A solicitor can negotiate to minimise this reduction.
Reason 4: Insufficient evidence, or exaggerated claims
Evidence is what makes or breaks most personal injury cases. This includes CCTV, accident book entries, hospital records and witness statements. If your evidence is inconsistent or absent, claims can be very difficult to make stick. This can also be if the defendant or a judge thinks your injuries are exaggerated. Courts use independent medical experts, so an incomplete or inaccurate report from a previous examiner will be seen.
What to do: Strengthen your evidence. Request medical records from your GP, or any medical specialists who treated you. Collect written statements from eyewitnesses who saw your injury. Collect the accident book entry from your workplace and any evidence that can put you on the scene – train tickets or messages from the time. If you are concerned your injuries may seem exaggerated, or your claim may not have sufficient evidence, discuss this with your solicitor.
Reason 5: Pre-Action Protocols Not Met
These are formal steps that must be followed before a personal injury claim goes to court in England and Wales. They are designed to make the process fair and equal – and often wish to reach settlement without the need for a trial.
Pre-action protocols, typically, consist of this process. Some steps are the responsibility of the defendant, some of the plaintiff.
- Letter of notification
- Letter of claim
- Acknowledgement by the defendant
- Investigation process
- Disclosure of documents
- Medical evidence
- Negotiation
- If necessary, court proceedings.
Failure to follow these can result in penalties, including having to cover costs or your case not being heard by a judge until they are completed.
What to do: These can be confusing even without language complications, so for peace of mind you should ask your solicitor to assist.
If your personal injury claim has been rejected, either due to time limits, evidence issues, or another solicitor’s assessment, you do not need to give up. Remus Robu Solicitors have handled hundreds of cases like yours, and our Romanian-speaking lawyers can review and advise you on your next steps. Contact Remus Robu today and we can advise whether you can still pursue compensation.