Claiming compensation for personal injury is a worrying time for anyone. As well as having to deal with the effects of the problem, there is also the stress involved with pursuing a compensation claim to fund any medical treatment and loss of earnings. From slips, trips and falls to road accidents and injuries at work, there are many potential claims that you may have to pursue one day, with misfortune likely to hit everybody at some point.
How do I know if my personal injury claim will be a success?
There is no definitive way of predicting whether or not your claim will be a success, with each case offering up a unique set of circumstances. However, there are some general rules that dictate whether or not you are likely to succeed:
- Liability – Liability is, essentially, who is at fault. If you are not liable for your accident then your claim should be a successful one. For example, if you were to slip or fall as a result of a wet floor in a supermarket that wasn’t marked with suitable warning signs, the business owner would be liable.
- Negligence – Negligence usually relates to medical treatment in a claim context, and often refers to incidents where a member of medical staff has failed to perform their duties to the required standard, resulting in injury.
- Work-based injuries – If you have suffered an injury at work through no fault of your own, or have been given faulty equipment to work with, chances are that your claim should be successful. For example, if a window fitter is given an unsafe ladder by his employer and falls whilst performing his duties, the employer will be at fault for failing to give his worker the necessary tools to do the job safely.
- Road accident – If you have been in a road accident that is proven not to be your fault then compensation is realistic. For example, if you are struck from behind by a car at a junction and suffer from whiplash as a result, then a claim can be made.
Date Published: September 14, 2013
Author: David Brown
Category: Personal injury claims