HOW TO KNOW IF YOU HAVE A PERSONAL INJURY CLAIM?

DO YOU HAVE A PERSONAL INJURY CLAIM?

Accidents can cause stress, and in most cases, after medical assessment, they result in injuries that may have an impact on your life and career.

After an accident, you may be dealing with an injury caused by someone’s negligence. Finding out if you have a personal injury claim can be overwhelming, but that’s why this article is written.

WHAT IS A PERSONAL INJURY

A personal injury claim arises when an individual is harmed due to the negligence or carelessness of another party. The claimant seeks compensation for damages for medical expenses, lost wages, pain and suffering, and other expenses related to the injury.

In a personal injury claim, the claimant must prove that the defendant was responsible for the claimant’s injuries in order to get appropriate compensation. Therefore, an essential factor must be taken into account: the liability

Liability

It is the claimant’s responsibility to prove their case. Meaning that the claimant must persuade the court that the defendant was in breach of the duty of care owed to the claimant. The claimant must prove on a balance of probability that:

The defendant owed the claimant a duty of care.
The defendant was in breach of that duty;
The breach caused injury and consequential losses to the claimant, which were reasonably foreseeable.

In order to assess the strength of your claim, you will need to understand these elements.

DUTY OF CARE

An employer is under a duty to reasonable care of their employees’ safety in the course of their employment. For example, if an employee is engaged in hazardous work. This duty to take reasonable care requires an employer to due care and skill.