Why do people who have all the right to stake a compensation claim nevertheless desist from advancing one?
If the question is analyzed further, any observant spectator will discover that among the possible reasons, there are three that appear to be the most cogent. It can be imagined that people who hesitate to claim are, as we will see later on, not simply pusillanimous but are actually very rational. For them, it is better not to claim compensation because it is all about just making a €fuss€ over nothing, aside from being somewhat morally wrong or improper. Finally, they can also be thought of as thinking that claiming compensation is neither as easy nor as cost-friendly as personal injury lawyers tout it to be, even with the advent of the No Win No Fee compensation scheme.
Are they right?
Let us look at the first two reasons first, namely, that claiming compensation is just about making a €fuss,€ if not something morally wrong. Now, what can be said about these reasons first is that, at first glance, they appear to be true. In claiming compensation, the plaintiff not only has to secure medical records confirming his injury, but also has to talk to the police to get a copy of their records verifying the details of the accident and to lawyers who will agree to represent them in court. In other words, the process does necessitate a lot of effort, time, and even money, and if the word €fuss€ means this conglomeration of hassling experiences, then claiming does entail a lot of €fuss.€
However, as full as €fuss€ the claiming process may be, it is completely erroneous to presume that it is for nothing because it is, in fact, for good, nay, great things. Claiming compensation permits injured victims to fight for the compensation that they deserve. The amounts granted in legal history have not been always negligible. For example, the Judicial Studies Board Guidelines indicates that even a minor head injury can reach 7,425 in compensation. That is surely not nothing.
Furthermore, and to the contrary, it is not claiming compensation that is morally wrong. By not demanding what is due to you as an injured victim, for example, especially with options such as the No Win No Fee Compensation Scheme, you are doing society an injustice because a person who should have been punished was exonerated for no reason other than your diffidence, and you are doing yourself a greater injustice because you are not acting out any decision that will alleviate your suffering. Yes, people owe a duty of care not just to others but also to themselves.
Finally, the last charge is refuted by the facts surrounding the No Win No Fee Compensation Scheme. It is easier and less expensive to claim on this basis because on this scheme, personal injury lawyers will agree to take on cases knowing that they can risk not getting paid at all.
Thus, because it has a practical and a social end and can be done in a less difficult manner now than before, claiming compensation is not something people who have the right to do should ever waver in doing.