Once again, the Ministry of Justice have announced further dramatic reforms to Road Traffic Accident cases involving soft tissue injuries to neck, back and shoulder. After huge changes to the claims procedure in 2013 they have decided to make further changes which will take place from 31st May 2021 with the intention of significantly reducing the level of damages that a Claimant can receive for injuries sustained. As it currently stands, a Claimant can receive up to £2,000 for soft tissue injuries to the neck which last for approximately 3 months. Under the new reforms any person who presents their claim for damages after 31st May 2021 would only receive approximately £240.
Also, one drastic and dramatic change is that an injured person is expected to deal with the claim themselves as their legal costs are not recoverable from the other side if the injuries are worth less than £5000.00. This will no doubt lead to pressure from Defendant’s Insurers on the injured person to either discontinue their case met or be met with coercive behaviour in which they are forced to accept an extremely low offer of damages. Also, under the new rules if the Defendant’s Insurer is to deny liability then the Claimant is expected to progress the matter to court without legal representation.
These rules only apply to Road Traffic Accident cases involving soft tissue injuries.
An injured person who sustains injuries to other areas other than their neck, back and shoulders can potentially recover more damages but would need to be advised accordingly by a Solicitor who specialises in Personal Injury.
With regard to Accidents at Work and injuries sustained whilst out in public, there is no planned changes to level of damages and an injured persons legal fees at this stage.
Kirwans Solicitors deal with a wide range of personal injury cases which include Road Traffic Accidents, Accidents at Work, Accidents whilst out in public and also other types of injuries on a ‘no-win-no-fee’ basis. Also, unlike other Personal Injury firms, Kirwans do not take up to 25% of the clients damages.