Negligence is often the basis for many compensation claims, from accidents at work to travel accident compensation claims. Negligence often covers claims involving personal injury, damage to property or monetary loss.
In order to be able to claim for compensation of a party, you must be able to determine negligence on that party’s behalf. Duty, breach of duty, cause in fact, proximate cause and damages are the five elements that must be established for you to have a case based on negligence.
No matter the basis of your compensation claim, whether you sustained a personal injury due to a holiday-related accident or a slip, trip or fall while out shopping, Accident Advice Helpline can assist you.
Determining whether an entity has been negligent
As mentioned above, if you wish to make a compensation claim, you have to determine that a party or an entity has breached their duty of care established in their relationship with you (be it a relationship established between a business and consumer or even a pedestrian to a motor vehicle driver). To establish these facts is the fulfillment of the duty and the breach of duty elements of negligence.
The next element that must be determined is cause in fact which is when the claimant must prove that the action’s of an entity or a party caused their injury. This is often referred to as “but-for” causation, for example; “but for the defendant’s actions, the claimant’s injuries would not have happened”.
Proximate cause refers to the fact that the defendant is only responsible for injuries/harms through their actions or inaction that they could reasonably foresee . This is a very important element of negligence as it provides scope to the compensation claim and whether the defendant could have prevented any injuries.
The final element of negligence is also a vital one as there must be damages to be able to proceed with a claim. The claimant must be able to prove that they have suffered physical injury or damage to property.
Accident Advice Helpline
Established in 2000, Accident Advice Helpline has years of experience of handling negligence claims.
No matter the basis of your claim, from slips, trips and falls to road accidents or an injury or illness abroad, we can advise you whether or not you have a claim worth pursuing.
With a nationwide, specialist team you can be sure that our experts deal with your claim efficiently. Call us today on Freephone number 0800 689 0500 for a free initial consultation, with no pressure to pursue your claim following the call.
Date Published: July 22, 2015
Author: Accident Advice