Personal Injury Claims Without Merit?

the Recession Lead to Credit Crunch Bogus Claims?Liverpool have already seen an increase in the
In a time where everyone is counting every pennynumber of claims at this time of year and an increase
and the recession (despite headlines claiming thatin the number of claims that have been rejected at
it’s all over bar the shouting) continues tothe first stage of scrutiny. They’re basically
bite, some claims experts are worried that peoplecharting how people are ‘trying their
facing spiralling debts and mounting bills may look forluck’ at putting in a claim when the incident
an easy way to make some quick money. Many arewas a genuine accident and no blame can be
warning that the recession could result in a largeapportioned or where they have suspicions about the
number of ‘bogus or unmeritorious’validity of the claim.
personal injury claims being taken on by unscrupulousDuring the last economic downturn in 1990, there
or unsuspecting claims management companies.was no ‘no win no fee’ funding for
Although this warning tends to get trotted out everypersonal injury claims. We had not yet developed the
time the economy takes a nose-dive, is there any‘claims culture’ that the UK has been
truth in the scare mongering this time around?accused of adopting, since the no win no fee scheme
Solicitors in some areas hardest hit by a massivewas implemented after the 1990 recession.
downturn in manufacturing and social deprivation thinkHeavy-duty advertising didn’t begin until a
that yes, this time the threat is real. Some solicitorscouple of years later, which is when many people
are already seeing an increase in the number ofstarted looking more seriously at the situation. Today,
claims compared to the numbers that they wouldthe climate is very different. The general public is far
normally expect, and they also suspect that thismore aware of their legal right to compensation in
trend will continue as desperate people look for wayscase of an accident that wasn’t their fault,
to find more money. Are the claimants to blame forbut this in turn has created its own monster - the
this feeling of unease amongst some of the morefraudulent claim.
reputable firms or are they also lookingNobody should be fearful of pursuing a legitimate
‘in-house’?claim. The law is there to protect those who have
The concern is that sometimes bogus claims getbeen genuinely affected by an avoidable and
further in the system than they should do. Solicitorspreventable situation (translation in ad-speak: an
believe their clients and it is only when they evidenceaccident that wasn’t their fault) or because
does not stack up some time later that they beginof someone else’s negligence. What is of
to question their client's integrity. Once they realiseconcern is that some less scrupulous people may see
the claim is not genuine or is being exaggerated mostthe current economic climate and people’s
solicitors will drop it immediately.desperation to access finance (now that the credit
These bogus claims are likely to fall into threecard lifeline has been cut off) as an opportunity to
categories; the genuine claim, the wilfully fraudulentmilk the system. It is a time for solicitors to be extra
claim and the unfortunate accident where no actualvigilant when assessing the merits of a new claim.
cause for a claim exists. Partners at a practice in