by Lisa Gregory, Accredited Specialist in Personal Injury Law
Accidents happen. Some accidents are no-one’s fault and cannot reasonably be avoided. But other so-called accidents are not accidents at all. They are avoidable. They are caused by carelessness or unsafe practices or hazards. They happen because someone is at fault. Either they have done something they shouldn’t have done or they have not done something they should have done.
Personal injury law sets out a 3 stage test which governs whether someone who is injured because of another person’s fault or carelessness should have a claim for compensation for the injuries they suffer.
1. Who can make a claim?
The law says that we all have “duties of care” towards others in certain situations. For example, road users have a duty of care for other road users. Employers have a duty of care for their employees. Occupiers of premises have a duty of care for people entering the premises. These are just some examples. If a duty of care is breached and the person who was owed the duty is injured, they may have a claim for compensation.
2. What can I claim for?
An injured person can claim compensation for all the injuries and other losses they suffer as a result of the breach of duty of care. That includes compensation for physical injuries. It also includes compensation for non-physical injuries. Psychological injuries may be less obvious but they are common and very real. An injured person can also claim for financial losses they have suffered. They might have to take time off work and lose wages. They might not be fit for work in the future. They might lose other benefits or pension rights. They might incur extra costs to help with their recovery. All of these losses and others can be claimed if they are incurred directly as a result of the accident.
3. How much compensation will I get?
The amount of compensation is different for every case. There are guidelines for how much compensation might be paid for an injury but no two injuries are the same. One person might recover from an injury much quicker than another person. Claims for financial losses are even less predictable. One person’s financial losses will be very different from another person’s financial losses. For those reasons, compensation has to be assessed individually in every case based on the particular facts and circumstances.
Do you think you might be entitled to compensation?
Despite what we read in the press, making a claim for compensation is not straightforward. The law says that the injured person has to prove their claim. Insurance companies want to pay out as little as possible or, even better for them, nothing at all.
At Grant Smith Law Practice, we have the expertise to guide our clients through the process to get the best possible results.
To discuss if you might be entitled to claim compensation, contact Lisa Gregory on 01224 621620 or firstname.lastname@example.org.