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Personal Injury Advice

Claiming for a personal injury

Personal injuries are a common occurrence in everyday life. They can happen as a result of an accident at work or during your commute to work, slipping on a wet surface in a supermarket or tripping on an uneven pavement. If you suffer personal injury as a result of an accident which is not your fault you may find yourself faced with expensive medical bills, the need to change your home and lifestyle as well as losing your wages by not being able to go to work. If that is the case you might be entitled to compensation from whoever is to blame for the accident. The process of making a claim after having an accident which is not your fault be relatively straightforward especially if you instruct a specialist lawyer to guide you along the way. The first and most important step is seeking legal advice from a solicitor experienced in personal injury advice. At this first and crucial step any evidence which you manage to collect will be assessed, as well as the prospects of success and any decision to proceed is then an informed one. It is advisable to seek help as soon as practicable after the incident so that events are still fresh in your mind and if medical reports and further evidence are necessary there is a greater chance of this being possible to obtain soon after an accident.

What personal injuries can you claim for?

There are many different ways personal injuries can occur. If the injury you suffered is a result of an incident which was not your fault, you may be able to claim compensation. You may be able to claim for personal injuries caused as a result of accidents including:

  • Car (or road traffic) accidents – If you have a crash with another car you may be able to claim compensation for any injuries suffered such as broken bones, cuts or whiplash. Who was at fault can be determined by investigating whether lights were turned on at night time, if the other vehicle was on the correct side of the road and abiding by the speed limits. Was there a safe distance between vehicles, whether indication has occurred before changing direction, whether a driver is under the influence of drugs or alcohol and whether drivers are observant enough. All these circumstances should be noted as soon as possible after the accident as they can be used as evidence in your claim.
  • Incidents on the road – To be involved in a road accident you do not have to be driving a car. You may be a victim of a road traffic accident as a pedestrian or a cyclist and get struck by another road user. In these circumstances you may be able to claim compensation for any injury suffered as a result of the accident. Similar factors to above are considered when looking at fault.
  • Workplace accidents – Unfortunately these are rather common as workplaces can be dangerous places where people work under stress and strict time limits. Employers are under a duty of care towards their employees and must ensure that they are safe at work. Employers can be found liable if an accident occurs. Factors indicating an employer’s liability include whether adequate training has been provided, whether adequate health and safety procedures have been implemented, if any safety equipment has been provided, whether anyone in the office is a qualified first-aider, are any adequate warning signs displayed, whether employees have been allowed breaks.
  • Injuries suffered in a public place – The local council have a duty to protect people who share the public spaces in their area. If you trip on a loose paving stone or fall into a lake in a park due to dangerous conditions you may be able to claim compensation for any injury sustained as a result. The council is under an obligation to act reasonably and comply with regulations governing it. Your compensation claim will have a strong chance of succeeding if no warning signs were displayed where necessary.
  • Accidents at home – the most common accidents occurring at home for which you might be entitled compensation are the ones involving faulty products such as: burns caused by an electrical equipment catching on fire, injuries caused by harmful skin products or poisoning by a contaminated food product. You may be able to claim damages to compensate for any injury caused as product manufacturers have a strict duty to ensure the products they sell are safe for consumers’ use.
  • Accidents in someone else’s property – When you visit a hotel or museum the owner is responsible for making sure that you are not exposed to danger. If you have an accident as a result of their negligence and falling below the acceptable standard, then they may be liable to pay you compensation. Actionable accidents can include tripping over wires, slipping on wet floors, falling on loose carpets, electrocution due to faulty electrics and cuts due to sharp edges.
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