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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    What are the elements needed to determine negligence?


    What are the elements needed to determine negligence?

    Negligence is a serious matter and it can materialise in a number of ways and be committed by a number of different entities, from multinational companies to other individuals. It is the one element that is needed if you are to make a claim for compensation after suffering such things like a road traffic accident or a slip, trip or fall. In order to determine whether someone has been negligent, there are a number of aspects that must be present for negligence to be determined.

    A company like Accident Advice Helpline can help you determine this, however, it’s always ideal to have an idea about what negligent claims entail before going any further.

    How to determine if negligence is present?

    In most cases, there are four principles that must be present to determine that an entity has been negligent.

    1. Duty
      One of the main aspects of negligence is duty. This element determines whether the defendant owed a the plaintiff a legal duty of care. This may manifest in a number of relationships, for example; between the driver of a car and a pedestrian or a pub manager and his patron.
    2. Breach
      “Reasonable prudent person” is normally the saying that legal entities refer to when discussing breach. It basically means whether the defendant knew about any situation that they knew could cause damage and didn’t act to remove the danger.
    3. Causation
      Causation refers to whether the defendant was directly responsible for the injury.
    4. Damages
      Damages usually refer to monetary compensation for expenses like medical care or property repair.

    If you believe that these factors were present in your slip, trip or fall injury or any other injury you may be eligible to make a claim.

    Accident Advice Helpline is a law firm that specialises in claims such as slip, trip or fall compensation claims. With years of experience, our team of expert lawyers will do their best to make the claims process as simple and stress-free as possible. In fact, many clients are able to settle their claim such as those from a slip, trip or fall without having to step foot in court.

    Open Claim Calculator

    To find out if you could make an injury claim speak to Accident Advice Helpline on our 24-hour free phone via 0800 689 0500. Alternatively to find out how much compensation you could be entitled to take the simple 30-second compensation calculator online. Most claims can be processed over the phone and our lawyers work on a no win no fee* basis so you have nothing to lose financially.

    Date Published: April 27, 2015

    Author: Accident Advice

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.