Do I have a Personal Injury Case?

21st October 2014

Contrary to popular belief, solicitors do not pursue every claim of personal injury and in fact, there are certain criteria that need to be present in order for a legitimate solicitor to even consider helping you make a claim.

Answering the question: Do I Have a Personal Injury Case?

Being involved in a car accident, an accident at work, or a slip or fall in a public place can have devastating effects, yet it is important to know whether or not you can actually make a claim for compensation, before you head off to your nearest legal firm. In the majority of circumstances, there are four essential criteria that must relate to your case:

Duty of care

There are many roles which carry with them a duty of care. As an employer, you are bound by law to ensure your employees have a health and safe working environment, as a teacher you must make sure your pupils learn in a safe setting and as a business owner it is your responsibility to check premises regularly and repair or replace any damaged objects or facilities. If it can be shown that you, as the victim, were owed a duty of care, then you may be able to make a claim.

Breach of care

Even when employers do their utmost to create and maintain a safe working environment, accidents can still occur. Only when a an employer or other responsible person has breached their duty of care will a solicitor consider pursuing a case. If the accident was your own fault or cannot be shown to be due to a breach on the part of an employer or business owner then it is highly unlikely a solicitor will continue with the case.

Causation

Something must have happened as a result of the previous two factors. If you have been injured due to the negligence of another, then you may have a case.

Damages

This final factor refers to any physical or emotional trauma a victim has suffered due to the negligence of another. This could be in the form of physical injury and the costs incurred due to the nature of the injuries, or it could be the emotional effects of the accident which result in the victim needing counselling.

Do I Have a Personal Injury Case?

Essentially, to proceed with the pursuit of compensation, a solicitor will be looking at the responsibilities and negligence of another in the instance of your injuries. The short guide outlined here is enough to show just how complicated making a claim can be and reiterates the need for competent and experienced legal representation.

If you have been injured in an accident that wasn’t your fault, why not give us a call and see if you can make a claim? A free consultation can help establish whether you have grounds to make a claim and you can even discover just how much compensation you may receive. For further information, call us on 08000 430 430, or, if you would like one of our friendly advisers to call you back at a convenient time, simply complete the online contact form.