Law change would deny
thousands access to advice
3 April 2006
THOUSANDS of Lancashire people injured in car crashes or accidents at work will have to fund their own legal fight if the Government gets its way to change the rules on claims, a leading Preston lawyer has warned.
Currently people seeking legal compensation in cases where the injury payout would be above £1,000 can engage the services of an independent solicitor to fight their case.
However, the Government is proposing to increase the small claims court limit for personal injury cases from £1,000 to £5,000, meaning thousands of people with claims worth up to £5,000 would have to take their case direct to the small claims court instead of going direct to a solicitor. Victims would have to pay for their own legal representation in order to pursue their rights.
Annette Thompson, a personal injury lawyer and partner at Preston law firm MWR, said: “The average compensation payout for a personal injury claim is below £5,000 so these changes would affect thousands of Lancashire people.
“In the small claims court, you either have to pay for legal representation out of your own pocket, or stand up in court and represent yourself without a lawyer.”
A recent MORI survey found that 64 per cent of adults would be unlikely to pursue a personal injury claim through the small claims court without an independent solicitor helping them.
Annette added: “If these new recommendations are put in place, those going to court would have to take on the insurance companies themselves.
"Personal injury cases are complex. People have to obtain medical reports, prepare proof that the other side injured them through negligence, and work out how much compensation they will need for things such as future care, or the amount of earnings they will lose because they can't go to work.
“Quite simply it would prevent thousands of genuine sufferers of accidents getting access to justice.
MWR is one of Preston’s largest private client law firms. Its legal services include employment law, road traffic accidents, accidents at work, occupational diseases, conveyancing and wills and probate.
