Negligence And How Compensation Claims Work

If you or your loved one have been a victim of an accident and sustained an injury as a result, then you could be eligible to make a claim. In order to make a successful injury claim and get the maximum amount of compensation for your loss and suffering, you have to establish negligence.

Law Of Negligence

In order to prove a case of negligence, the claimant has to evidence that:

  • The other party owed them a duty of care
  • The other party didn’t carry out the necessary steps to ensure the health and safety of the person they owed the duty to is protected, meaning that person was exposed to risk

The law enforces specific duties on parties, known as statutory duties. If the other party fails to take the suitable steps to lessen the risk and danger of injury and, as a result, you sustain an injury, then you could pursue a successful claim for compensation.

How Will My Case Be Proved?

Generally, there are three areas that are considered while proving a negligence case:  

  1. You was owed a duty of care by the defendant
  2. Breach Of Duty – if the duty of care owed to you has been breached
  3. Causation – as a result of the breach of duty you have suffered an injury

How Much Compensation Will I Be Entitled To?

Every case has its unique circumstances; therefore, there is no set amount of compensation we could tell you at this stage. If you want to get an idea for the estimated amount then try our claims compensation calculator.

An injury can be prevented if the correct precautionary measures are taken. A responsibility is imposed on every individual to take precautionary measures in order to decrease the risk of an injury occuring. If they breach this duty of care and an accident has happened, then you could be entitled to make a claim for compensation.

Suffering due to an act of negligence can leave you feeling irritated, in pain and sometimes alone. All this alongside financial pressures building up are the last thing you need whilst trying to recover from your injury. But don’t worry, at Direct Solicitors, we know it isn’t just the pain and suffering that you’ve sustained that has impacted yours, and your loved one’s life’s, it is also things like the time spent in the hospital, continuous treatment and an inability to go back to work.

Therefore, when evaluating your claim, your solicitor will look to recover compensation for:

  1. The pain and suffering you have endured
  2. Psychological trauma
  3. The impact the injury has had on your life
  4. Any loss of earnings you may have had due to time off work
  5. Any medical expenses including treatment and medication
  6. Care received, even if given free e.g. by a family member
  7. Future loss of earnings
  8. Travelling cost
  9. Adaptations you may have had to make to your home and/or car

Time Limitations

For most personal injury claims, there is a three year limitation period. This means you have three years from the date the incident happened to process a claim for compensation.

There are certain processes your solicitor will have to follow to enable them to finalise your claim. Therefore, if you have twelve weeks or less until your three year period is over, we may not be able to assist you; however, if you are approaching that time limit you should still give our team a call, and we can tell you if we can still help.

 If you have suffered from injury or illness that isn’t your fault, then contact our team of legally trained advisors to see how we can help you. If you want to make a claim, we have experienced solicitors that will be able to guide you each step of the way and ensure you received the maximum amount of compensation.

How Long Will My Claim Take To Settle?

Depending on the complexity of your claim will depend on how long the case will take to settle.

After Direct Solicitors has evaluated your claim, we will then be able to give you a rough idea of how long the procedure might take. We do typically aim to settle cases within a few months; however, depending on the complexity of the case, some cases can take longer.

If you want to start your claim today, contact our legal advice team, we will guide you through the procedure of claiming compensation. Claiming could help you get the support you need, as well as helping financially by paying bills and covering any loss of earnings due to time off work.

Our solicitors will be with you at every step, ensuring you receive the tailored guidance and help you need. Get in touch with Direct Solicitors today on 08000 250 250; no pressure will be put on you to start your claim, we can just give you the advice you need at this stage; but if you do feel ready to make a claim, we can help you set it all up in one quick and easy phone call.

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