Accident Claim
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Accidents are the most common cause of injury today, and there is a significant possibility that you or a member of your family could be injured in an accident at some time during your life.
It is important that you should know your rights and what to do when involved in an accident, regardless of whether any prosecution took place following the accident, or whether you suffer immediate consequences. The level of proof required for pursuing compensation is lower than that for criminal conviction, and some injury symptoms may not appear for some time afterwards.
You should consult a solicitor who is a specialist in accident claims as soon as possible after the accident, while details are still fresh in your mind.
Can I pursue a claim for injury resulting from an accident?
You are entitled to claim for compensation if you are injured in an accident where someone else was at fault. If the accident was due to negligence on someone else’s part, whether through action (such as hitting you with a car) or inaction (failing to properly maintain a wall or safety barrier for example) you may well be able to claim compensation for accidental injury.
Personal Injury Law
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.