A claim for personal injury may arise when a person suffers an injury due to the fault or negligence of another party.
Depending on the type of accident, the claim may lie against another individual, a public or local authority, an employer, a company or any other type of organisation.
Some examples of possible personal injury claims include where an individual suffers injuries in a road traffic accident as a driver or a passenger, an employee sustaining injury due to an unsafe system of work or faulty work equipment or a pedestrian tripping or slipping on a pavement not maintained by a local authority.
The injuries may range from relatively minor symptoms to the most severe and catastrophic injuries or even the death of the person involved in the accident. The accident may have had a dramatic impact on the injured person and their family, with possible life changing symptoms requiring ongoing treatment and potentially leading to future financial hardship.
If you or a loved one has suffered injuries arising from an accident that was not solely your fault but have arisen from the actions of another party, you may be able to bring a claim. However, an adult must represent any minor under the age of 18 if they wish to pursue a claim.
There are three important aspects of a successful personal injury claim:
1. Establishing fault or negligence
We will investigate if another party was solely or largely at fault for the accident causing the injuries. This includes conducting investigations into the accident circumstances, often contacting witnesses and in some cases, seeking evidence from an independent expert to comment on whether the accident was the fault of another party. There are specific legal tests to establish negligence although most cases are decided on their facts and the accident circumstances.
2. Investigating the injuries
Whilst establishing responsibility we will investigate if the injuries arose due to the accident or the accident has worsened pre-existing symptoms from which the injured person may have been suffering before the accident. A report is usually required from an independent medical expert demonstrating a link between the accident and the injuries, together with details of the extent of those injuries. We will arrange for a suitably qualified expert to prepare a report.
3. Investigating the losses and expenses
We will also investigate all the losses and expenses arising from the accident. Some examples of potential areas of claim include losses of earnings, treatment costs, medication charges, travelling expenses, items damaged in the accident or even the cost of additional care an injured person may require. These expenses could have already arisen or may arise in the future, so need proper consideration before finalising any claim.
If you have suffered an injury arising from any type of accident and you were not wholly at fault for causing the accident, it may be possible to bring a personal injury claim for financial compensation.