How to prove a claim for negligence
A claim for negligence arises when you have suffered personal injury or a road traffic accident. In a claim for negligence, one needs to prove that the accident was not a result of any negligence or carelessness on the individual’s part but that it occurred as a result of the negligence of another. With this proven, the individual becomes entitled to receive compensation from the party at fault. Whether the negligence claim is for an accident that occurred at work or on the road, certain elements need to be present in order to qualify as a valid negligence claim.
Conditions necessary for a valid claim
Both the parties involved in the accident need to have a duty of care towards each other. The duty of care is created when two individuals are in such proximity or relationship with one another that it is reasonable for one to expect that the actions of one of them would result in an injury to the other. Hence, for instance, a person driving on the road is bound by a duty of care to the pedestrian trying to cross the road. The driver is compelled by the duty of care to slow down and avoid any action that could injure the pedestrian.
In order to make a claim it is necessary to prove that the duty of care has been breached. This means that one of the parties took an action that they were bound not to take under the duty of care. The claim for negligence will be valid if the driver is unable to present any allowable defence for his action, as for instance, claiming that they were not capable of making a rational decision at the time of the accident.
Proving a claim for negligence
Proving a claim for negligence sometimes requires collecting evidence, witness testimonies and presenting them before a court. It is a difficult task to search for good lawyers to plead your case when you are recovering from a road accident injury. Establishing and proving a claim for negligence can be a straightforward task if these four elements can be proved. A good lawyer will assist you with collecting evidence and processing your documentation so that you do not need to worry.
Why Accident Advice Helpline?
A good law firm can help people find good lawyers. Accident Advice Helpline has been providing first class legal services to clients for many years. We provide access to our experienced lawyers to help clients prove their claim for negligence in courts and win fair compensation. We even offer consultation without binding you to our services. You just need to contact our customer support services on 0800 689 0500 or from your mobile on 0333 500 0993 and a professional advisor will soon get back to you.
Category: Medical negligence claim