I have heard of people’s injury claims being thrown out of court-why does this happen?
In assessing a personal injury claim, the trial judge is obliged to consider if the Respondent was negligent, and if that negligence in fact caused your injury and he must also consider whether you have in fact suffered an injury.
If any of these elements are absent, then your claim for personal injuries cannot succeed.
In recent times however, some cases have been on the basis that the Claimant exaggerated the injuries. It is therefore, vitally important that you set out all of the symptoms that you are suffering and to also make known any pre-existing condition that you are suffering from. You should never overstate the injuries that you have suffered as to do so, allows the court to invoke section 26 of the Civil Liability and Courts Act 2004, which provides that if a Plaintiff in a personal injury action gives evidence that is false or misleading to the court then the trial Judge must dismiss the Plaintiff’s claim.
If you do have a pre-existing condition and the injury or the accident amounts to an exacerbation of that pre-existing condition then that should be stated on the claim form. The fact that you had previous road traffic accidents or previous injuries as a result of accidents does not preclude you from bringing any further claims. However, you must make it known to the court that you have had previous accidents or previous injuries and you must also make it known of any previous medical condition from which you suffer.
When a frank and honest description of your past medical history and the current symptoms from which you suffer are given to the court then the Claimant has nothing to fear.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of settlement.
**This information is for guidance purposes only. It does not constitute legal or professional advice, professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
