Business
If You’re Entitled, Make a Claim
A sponsored article with Hannan Law
If you suffer injury through no fault of your own, don’t be afraid to seek the compensation to which you are entitled.
That’s the message from Douglas legal practice Hannan Law, best known for its expertise in family law and offering a professional, friendly and supportive service. Now it also caters for personal injury claims, an area in which there has previously been a gap in specialism in the island.
Heading the new section is Manx woman Jo Creedon. After 15 years working as a qualified solicitor in the personal injury sector in the UK, she returned three years ago to qualify as a Manx advocate and is now in a position to offer her specialist experience.
Hannan Law are proud to support the Association of Personal Injury Lawyers “APIL” in their #rebuildingshatteredlives campaign helping innocent victims of negligence pursue justice. As APIL’s Chief Executive Mike Benner says “I know it can be difficult to care about personal injury law when you feel like it does not apply to you. But any of us can be a victim of negligence without warning. When the worst does happen, it is essential that injured people can always turn to the law to seek the help they need.”
Personal injury litigation in the Isle of Man is nothing like the perception of an ambulance-chasing area of law in the UK.
For starters, here there’s no such thing as no-win, no-fee.
‘Conditional fee arrangements are not allowed by law,’ Jo says.
There seems to be a reluctance to pursue personal injury (PI) claims in the island, which Jo believes may be due to a lack of awareness, as well as the negative connotations.
But PI claims are not making a fuss, as some believe, but the legal entitlement of people who have suffered injury through no fault of their own.
Such claims can be crucial for those who are badly hurt and need care and rehabilitation – often the only way to find the funds to pay for the support needed.
While some grounds for claims appear obvious, such as a serious road accident, they do not have to be at the more serious end of the scale to have merit. It could even be an injury caused by a pothole.
Any claim is broken into two sections. Under general damages, there is the injury, which is pain and suffering, and loss of amenity, including a loss of enjoyment of life, such as being unable to go on holiday or prevented from pursuing a hobby.
Special damages covers loss of earnings, care and assistance claims for people who have not been able to work because they have been helping you.
‘Sometimes it is not so much the compensation for the injury itself but for the knock-on effect,’ says Jo.
However tempting, don’t try to deal with the other party’s insurers on your own. Beware offers from an insurance company to settle without you using a lawyer. It may be tempting to get an early settlement more quickly, without legal costs, but the chances are that you could be entitled to much more, which you would get with the right legal advice.
In the majority of cases, your lawyer will be able to obtain confirmation that, once liability is admitted, the defendant’s team will meet the claimant’s legal costs.
You may also find that you already have legal expense cover via home/motor insurance or union membership.
Without legal help, you risk missing something crucial that may help you.
The nature of the Isle of Man means there’s a good chance you might know the person you are claiming against. But using a lawyer avoids any embarrassing or awkward contact.
None of this is about making a fast buck, just getting a fair deal.
Jo says: ‘Our role is helping clients who have been affected by an incident to return to their previous standard of life.’
‘It is not just about money making, it is about support and providing for that support to be serviced.’
Already, Jo has found herself helping a number of people who had tried to deal directly with insurers and found themselves getting offers that were ‘not reasonable’.
Without legal assistance, you also risk signing away future entitlements.
‘Once you have agreed your settlement with an insurer, they will get you to sign something to say you cannot come back for anything more,’ Jo warns.
‘After a traumatic event, which is from where many personal injury cases arise, a lot of clients want to put it behind them and sign something quickly. But if you have proper legal advice, the lawyers take on the hard work. It may take a little longer, but it is in your interests as it increases the likelihood of a fair deal.’
A lawyer can also seek interim payments when necessary to avoid their client facing undue financial difficulty.
The key message is, when seeking compensation for your injury and pain, let the experts take the strain.
