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Personal injury, youclaim.co.uk

The future of personal injury claims and neuroscientific advances

Advances in science will inevitably have an impact on the way courts decide personal injury claims.

Firstly, there is the distinct and encouraging possibility that certain kinds of personal injury currently considered chronic or permanent will one day be considered curable or much more effectively treatable.

Painting a true picture of pain
Secondly, it is likely that before long the kinds of scientific methods we use to assess the extent of injuries will be far more sophisticated.

Neuroscience is one area that could have a major impact on the personal injury claims of the future. Complex brain scanning of the areas of the brain involved in feeling pain may eventually make it possible for medical experts to establish just how much pain a compensation claimant is feeling.

This could be particularly useful in claims for intangible injuries such as whiplash or RSI as it would enable all parties involved to have some clear, measurable and objective account of pain, and thus help courts and insurers decide an appropriate award of damages.

Photographing the truth?
Another tantalising proposition relates to the way courts currently assess witnesses. Although it may sound like science fiction, it is conceivable that neuroscience could one day be used to act as kind of "brain photograph" lie detector.

It is also not too fantastic to speculate that brain images could also be used to determine the reliability of a witness's memory, indicating whether he or she can provide a credible account.

Although many of these advances are exciting, it is also clear that they should be viewed with caution. In the United States, where neuroscience is playing an emerging role in criminal cases, many believe that its legal integrity is going unchecked.

Experts urge caution
Marcus E. Raiche, a member of the neurology department at the Washington University School of Medicine, comments, "There is a danger here that the cart can get ahead of the horse if we're not careful. As a general statement, we are probably not ready to have this."

There is also a risk that while putting their trust in science people will lose sight of less mathematically tangible, more human, factors.

Professor Steven Morse, from the University of Pennsylvania, warns against this over-reliance on science, "When people see pictures of the brain, they tend to fall prey to what I call 'the lure of mechanism.' They tend to think that we are all machines."

No win, no fee personal injury solicitors
Accidents will always happen. It is only when they result in an injury that questions of compensation arise.

If you believe that you have suffered injury as a result of the negligence of another party, you may well be able to claim compensation.

We have no win, no fee solicitors within our panel firms working on various specialisms.

Some specialise in litigation relating to work accidents, some in road accidents, some in holiday accidents, and others in case of medical negligence.

In all types of claim (with the exception of claims for medical negligence, where some costs are unavoidable) we never charge a single penny in legal costs or fess, and protect claimants from costs incurred by the opposing side; and with our no-cut commitment, we deliver 100% compensation to every successful claimant.

Be put in touch with solicitor best qualified for your case
All solicitors, regardless of personal injury claim specialism, work under the governance of the Solicitors Regulation Authority.

You can reach us now, by filling out an online claim form or calling us on 0800 10 757 95.