If you have had an accident, illness or injury, contact us - we will advise, and act for you at no cost to yourself.

To make a successful accident claim you must be able to prove that you have been injured as a direct result of a person or organisation did something they shouldn’t have done or didn’t do something that they should have. This may seem simple but is often more difficult than it first seems. In these matters proof is the key. Medical records or doctors reports can easily prove that you were injured, but proving that the other party was legally responsible and that they failed in that responsibility can be tricky. With no evidence other than the injury and no witnesses, and both parties disputing each others versions of events, a claim can often come to one persons word against the other.

The 3 simple facts that need to be established for a valid compensation claim are:

1) A person or organisation had a legal responsibility for your welfare (this is known as duty of care).
2) That the person or organisation failed to meet that responsibility (this is called negligence).
3) That you suffered an injury as a direct result.

Duty of care

Duty of care is a legal responsibility placed on a person or organisation to do everything reasonably practicable to protect others from harm. I.e. a retailer has a duty of care to the people visiting its stores, a car driver has a duty of care to other road users and an employer has a duty of care to its employees.

Negligence

Duty of care is only behaviour that is considered reasonable, individuals have some responsibility for their own personal safety and should be aware of potential hazardous situations around them. It is up to you, if you are making a claim, to prove that the person you feel was responsible for your injury had duty of care, and that they failed in their duty.

There are many different kinds of evidence that can be used to prove negligence including

+ Medical records and doctors reports
+ Employment and training records
+ Maintenance records
+ Video or photographic evidence
+ Invoices, estimates and receipts
+ Police reports

Did you suffer a loss?

If you can prove that the opposing party had a legal duty of care toward you and that they were negligent in this, you still have to prove that you suffered a loss before an accident claim can be successful. Legally a loss can be an injury, a financial loss or damage to property. Although at Injuryclaimslawyers.com we understand that a near-miss can still be a traumatic experience, UK law states that you can’t claim compensation for an injury or loss that nearly happened. Claims can only be made if you have actually suffered a loss or been injured as a direct result of someone else’s negligence.

To contact Injury Claims Lawyers for more information please call 08450533111.