A particular street in Liverpool has come to the attention of a national newspaper because it has been where several personal injury claimants have said they have been victims of tripping accidents. The newspaper story suggested that some of these accidents didn’t actually happen.
Lawson-West would like to point out that personal injury solicitors and lawyers have no interest in pursuing a fraudulent personal injury claim. Under no win no fee agreements, solicitors only get paid if they win a claim. Therefore if a solicitor has any doubts about how an accident happened or suspects a claim might be fraudulent, the solicitor is not going to pursue the claim. Solicitors are regulated by the Solicitors Regulation Authority with a strict code of conduct and under the Money Laundering Regulations, a solicitor is at risk of imprisonment for defrauding an insurance company by running a personal injury claim they know to be false.
The newspaper quotes the case of a Mr Wright who made a personal injury claim for damaging his hand after tripping over a pothole. However, his girlfriend reported a domestic violence incident where Mr Wright had injured his hand by punching a wall. Mr Wright was charged with attempting to defraud Leeds City Council and was given a 12 month community order after pleading guilty. So making a fraudulent claim is not worth it. Another Leeds man, Mr Kirk, made a personal injury claim after allegedly dislocating his knee after tripping on a broken paving stone and falling into a telecoms junction box. Council investigators found that he had told medical staff he’d injured himself by kicking the box in frustration. Mr Kirk was charged with fraud and given a 12 month prison sentence suspended for two years.
Making a personal injury claim is not as straightforward as the newspaper suggested. Firstly it has to be established that the accident was caused by someone else’s negligence. So for a tripping claim, the claimant has to show that the council were obliged to maintain the pavement and had failed to do so. If the council can show that they had a system of inspection and maintenance, it is very unlikely the personal injury claim will succeed. Lawson-West always obtain independent medical experts to prepare a report on the injuries caused in any accident so we can establish what level of compensation should be paid. It is possible to claim for expenses, such as travel to medical appointments, loss of wages if time was off work due to the accident or prescription charges, however, the injured person has to provide proof of these expenses.
If you have been injured in an accident that was someone else’s fault, please contact Vicky Jones on 0116 212 1039 now or complete one of the on-line forms.
