Good evening, 

without giving too many details away. Claim currently going through the courts that happened in 2019- 3 year time frame has expired- claimiant submitted court paperwork a few months after time period and it's going through? I always thought there was a 3 year timeframe from date of accident? 

thought please. thank you! Sammy 

Did they fully rehabilitate in the intervening three years or had several years passed before a consultant specialist finally said.... at which point you end up with a claim for the personal impact.

The court can make an exception to waiver the 3 year's and as already been said its 3 years from knowing teh extent of the "injury" caused not 3 years from the date of the injury - so potentialy if they have developed symptoms which can be attributed to the injury after those 3 years they could still pursue the case. Sorry i dont think i am explaining that very well - hope it makes sence.

Ultimately the insurers choose to defend or pay any claim.

Time to add my bit!

There is a  perception that the UK has a claims culture, and this has been fed by stories in the media since the end of the 1980’s. This is despite the fact that a lot of the evidence shows a decrease in claims. Back before the  1990’s if you were injured at work or suffered an industrial illness you could go to a solicitor and get free advice under the Legal Aid scheme. The government  eventually stopped people being able to get Legal Aid for personal injury claims and substituted a Conditional Fee system, also known as ‘no win, no fee’. At the same time they also permitted law firms to advertise their services. Before then, law firms were even  restricted to the size of type they used in the Yellow Pages(remember them?) and so seeing ads for lawyers was a shock to the system for some and provoked a fit of the vapours for others. Suddenly these ‘ambulance chasers’  had a high profile.

Since the there has been attempts to make it more difficult for ordinary people to go to law, often supported  by lobbyists for various interest groups. There seems to be a feeling amongst some people that the law is too good for the likes of us. And the government has suggested that  it would like to stop people using Legal Aid for things like Judicial reviews of government  backed decisions.

Back in 2004 Better Regulation Commission (BRC) wrote report that  concluded that there was no compensation culture in the UK and that  the myth of the compensation culture was largely perpetuated by the media. Lord Dyson, the Master of  Rolls,  in England and Wales, has dismissed the existence of a compensation culture in the UK as a false perception and a "media-created myth.

Yes, we have all been involved in weird cases. In one that passed over my desk an employee was paid compensation, despite the fact that the medical report concluded that their condition, which they were claiming for,  was NOT work related. The employer just paid out and as a colleague said “ they need the money to finish their new extension” But these cases are balanced out by cases where the people fully deserve their “compo” and by cases where people decide not to claim, when they could. Any such system is open to abuse but just because of a small proportion of bad cases is no reason to damn the whole system and take away people’s chance to get a measure of justice.