Personal injuries can happen for a number of reasons. They range from the smaller causes such as sprains as a result of a trip over uneven flooring to the more serious causes like car crashes, with many others in between.
A common query from those affected is how to ascertain whether they could potentially be eligible for a compensation claim. There is no absolute method of determining this as every situation is different. However one necessity required for personal injury compensation claims is liability.
In most circumstances, it will be mandatory to prove that your injury occurred as a result of another party's negligence. This is in order for the legal team to determine who can be held liable for your injury.
Who is liable for my injuries?
Unfortunately, the majority of personal injuries occur from situations that could have easily been prevented. There may not necessarily be one specific person wholly liable for the injury but a company or establishment.
For example, employers have a legal responsibility to protect their employees so if your personal injury at work occurred because you were provided with the incorrect protective equipment or unsafe tools then your employer could be to blame. When an accident at work is a direct result of an employer failing their duty to safeguard your well-being e.g. you were not given adequate training or made aware of the relevant emergency procedures in the result of fire or evacuation, a personal injury company may be able to assist you.
Of the 1.3 million work-related personal injury claims last year, just 550,000 were new cases. The rest reflected employees with existing illnesses or health issues which they felt were made worse by work. This could be anything from a back problem worsened by lifting without the correct equipment to psychological problems contributed to from work stress.
It is not just injuries at work which require the establishment of liability. In order for all personal injury claims to be processed, a defendant must be held liable. This can sometimes prove easier in certain scenarios than it does in others. For example, a car crash injury claim when a rear-end collision has occurred as a direct consequence of a car crashing into you.
Proving liability
Proving liability for other cases can be more complicated. In order to ascertain who can be held liable for compensation, there must be a full investigation into how the injury occurred. The injury firm will need to gather all the relevant information and as much evidence as possible to support your case. The length of time that this can take varies from case to case
In certain instances, a liability dispute may arise where the other party denies responsibility for the injury. In this situation, the personal injury lawyer would discuss with you additional information and evidence which could assist proceedings such as witness statements.
What information do I need to prove liability?
Again, each case differs so there are no set guidelines. However, if you have suffered an injury due to someone else's negligence then it is important to keep as much evidence and information as you possibly can. Did anyone see it happen? Are there witnesses who could support your story? Although it may be the last thing on your mind at the time, photographic evidence can also be very useful with regards to faulty equipment or facilities.
You will also need evidence of any financial losses which you hope to claim for whether these are medical expenses that you have incurred or periods of time which you have been unable to work due to injury. Essentially, the more detailed picture that you can illustrate to your personal injury lawyer, the better. They can then make the necessary enquiries for you.
It is always important to remember that with all personal injury claims there is no guarantee of being awarded any compensation if liability cannot be established.
If you would like some more information on liability or claims, speaking to a personal injury solicitor could prove beneficial.
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