PERSONAL INJURY CASE
Experienced lawyers know that many people who have a valid personal injury case which justifies payment of compensation fail to take legal action and quite a number who attempt to take legal action have no case at all. Whether or not the circumstances of an accident will justify a claim for compensation depends principally on the law of negligence. There are many formal definitions of negligence that so far as UK law is concerned should amount to the same thing. One of the most commonly used definitions of negligence is as follows :-
The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.
There are a number of other more formal considerations that solicitors look at before a personal injury case can be considered as won and liable to result in the payment of compensation. The person making the claim must prove that :-
- it was reasonably foreseeable that harm would result from a failure to take care by the other person
- there was a duty of care owed to the other person and the duty was not discharged to the injured person
- damage, loss or personal injury resulted to the person making the claim which is directly attributed to the effect of the negligence.
Even if you were partially to blame for an incident that caused injury you may still be able to make a claim. This is a concept known as 'contributory negligence' whereby if you are injured as a result of the proven negligence of another person your damages may be reduced because you contributed to your own injury or to the severity of the injuries.
The standard of proof required in the civil courts is totally different to the standards of the criminal courts. To prove a criminal case the evidence must point to guilt ‘beyond all reasonable doubt’ however in a civil personal injury case the standard is on the ‘balance of probability’. This means that the scale will tip if the claimant can show that their version of events is more likely than the version put forward by the other side.
Our solicitors are all members of the Law Society panel of personal injury experts and are specialists in the field of accident compensation claims. Claims are dealt with on a no win no fee basis and compensation is paid in full with no deductions whatsoever. There is no necessity to finance your claim in any respect and you will not be asked to take out any loan or pay for any insurance. Our claims are guaranteed to be completely risk free. Win or lose there is no charge.
HELPLINE 0845 890 4092
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.