Lawyer warns of justice gap for victims

Leading national law firm Clarke Willmott LLP is urging immediate action to address the widening “justice gap” affecting victims of incidents, termed “never events,” that should not occur. The concern arises as injuries continue to be reported in hospitals, workplaces, and on UK roads, yet compensation claims are on the decline. This worrying trend is highlighted ahead of Injury Awareness Week, taking place from June 23-27, and organised by the Association of Personal Injury Lawyers (APIL). The initiative aims to raise awareness about the rights of injured individuals and the significant barriers they face in securing justice.

A recent APIL report reveals that while injuries have increased, the number of claims has decreased, indicating that many victims are not pursuing compensation. Lee Hart, a partner at Clarke Willmott LLP, expressed his concern for these victims, saying “APIL’s report is extremely concerning and paints a picture of injured people left to recover from often life-altering accidents with little help, support or financial compensation.” He emphasised the importance of accessing legal representation, stating “At Clarke Willmott we champion these individuals. Compensation isn’t just about justice or making someone pay, it’s about accessing the right support and rehabilitation to rebuild your life.”

Clarke Willmott’s serious injury and clinical negligence teams regularly assist clients who experience devastating injuries caused by avoidable errors, commonly referred to as ‘never events’ within the NHS. Vanessa Harris, a clinical negligence lawyer at Clarke Willmott, recounted a distressing case where a client “endured months of pain after giving birth via caesarean section, only to discover that surgical forceps had been mistakenly left inside her abdomen.” This tragic oversight led to further emergency surgery and ongoing complications for the victim.

Polling by APIL indicates that one in five UK adults has suffered harm due to someone else's negligence, yet a staggering 41% of these individuals have not pursued a claim, leaving approximately 4.3 million potential victims without legal representation. Lee Hart pointed out that “Bridging these ‘justice gaps’ isn’t easy and there’s not one solution to fix all.” He discussed the multitude of barriers victims face, including financial constraints, legal complexities, court delays, and general unawareness of their rights.

The impact of serious injuries extends beyond the victims themselves, affecting families and their ability to cope. Lee asserted that rehabilitation is central to their mission, stating, “We help clients access neuropsychologists, occupational therapists, physiotherapists, assistive technology experts, and more to ensure they get the best treatment to restore their quality of life and independence as far as possible.”

This year's Injury Awareness Week will centre on needless injuries, showcasing some troubling cases handled by Clarke Willmott's personal injury team. These include incidents involving factory machinery safety oversights, road traffic collisions caused by negligence, and workplace mishaps due to inadequate safety measures, all leading to severe injuries for victims.

Clarke Willmott's serious injury team is renowned for its expertise in navigating complex and life-changing injury cases, consistently ranked among the top firms in the field. As a national law firm, Clarke Willmott maintains offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton, and Taunton, providing dedicated support to those in need across the UK.