The Aftermath of a Serious Injury Fall
A serious injury fall can be a life-altering event. The physical pain, emotional distress, and financial burden can feel overwhelming. If your fall was caused by someone else’s negligence, you may be entitled to compensation through a personal injury claim. However, it’s crucial to understand the importance of honesty throughout the process.
The Importance of Honesty in Personal Injury Claims
While the prospect of receiving financial compensation for your injuries might be tempting, exaggerating the severity of your serious injury fall condition can backfire. A recent court case involving Ms. Kirsty Williams-Henry highlights the potential consequences of dishonesty in personal injury claims.
The Williams-Henry Case: A Cautionary Tale
Ms. Kirsty Williams-Henry sustained multiple serious injuries after falling from Aberavon Pier in Wales. While the judge acknowledged she suffered “genuine” injuries, he also found she had lied about the extent of her limitations. Initially, she claimed over £2.3 million in damages for her serious injury fall. However, the court ultimately found her to be dishonest about the severity of her condition.
The “Substantial Injustice” Factor
The court’s decision in Ms. Williams-Henry’s serious injury fall case raises the question of “substantial injustice.” In most cases, dishonesty in a personal injury claim results in the dismissal of the entire claim, leaving the injured party without compensation. However, the judge considered the potential for “substantial injustice” – a situation where denying compensation would be excessively unfair.
Factors Considered in Determining “Substantial Injustice”
Here are some key factors a court might consider when evaluating a potential “substantial injustice” in a personal injury claim with an element of dishonesty:
- The Degree of Dishonesty: A minor exaggeration is different from a complete fabrication of facts about a serious injury fall.
- The Impact of Dishonesty: Did the inflated claim waste valuable time and resources during court proceedings for this serious injury fall?
- The Severity of the Genuine Injury: If the claimant suffers from a significant disability due to their serious injury fall, denying compensation can create significant hardship.
- The Defendant’s Level of Fault: Was the defendant’s negligence a major contributing factor to the serious injury fall?
- Financial Implications of a Claim Dismissal: Will the claimant face significant financial burdens like legal fees or potential homelessness if the claim for their serious injury fall is dismissed?
- The Emotional Impact of Claim Dismissal: Could losing the claim for their serious injury fall cause severe emotional distress for the claimant?
The Outcome in Ms. Williams-Henry’s Case
Despite dishonesty, Mr. Justice Ritchie considered the potential “substantial injustice” Ms. Williams-Henry faced due to her serious fall. He acknowledged her genuine injuries but didn’t dismiss the entire claim. However, Mr. Justice Ritchie strongly criticized Ms. Williams-Henry’s actions. In a Wednesday ruling, he stated he would have awarded her £596,704 for genuine injuries, but dismissed the claim entirely due to her dishonesty.
The Dangers of Dishonesty
Dishonesty in personal injury claims is risky. Most claimants who lie lose all compensation for their fall injuries. They may even have to pay the defendant’s legal costs, causing a financial burden. Beware of advisors who encourage exaggerating injuries. As the claimant, you’re responsible for the accuracy of information about your fall.
The Importance of an Experienced Solicitor
Upfront legal costs might seem avoidable, but a qualified solicitor is crucial, especially after a bad fall. They’ll assess your claim, advise you wisely, and ensure honesty in your case. Don’t be afraid to get a second opinion if pressured to exaggerate your injuries.
The Perils of Social Media and Surveillance
Social Media Posts
In today’s digital age, social media can be a significant factor in personal injury claims. A seemingly innocuous post about hiking or enjoying a night out can contradict your claim of severe limitations. Be mindful of what you share online, especially during your claim.
Secret Video Surveillance
Insurance companies are also known to utilize discreet video surveillance. If you claim you can’t walk unaided, footage of you strolling down the street can seriously damage your case. It’s crucial to be completely honest with your solicitor about your daily activities to avoid inconsistencies that could be used against you.
Conclusion: Honesty is the Best Policy
While the financial compensation received in a successful personal injury claim can be significant, it’s never worth jeopardizing the entire claim with dishonesty. Our firm has over 25 years of experience representing clients with serious injuries after falls. We understand the physical, emotional, and financial challenges you face. Our team is dedicated to providing you with honest and compassionate legal guidance throughout the serious injury claim process.
