What are the essential elements of a claim for negligence?
Well, it’s more than slips, trips and falls. The area of law which is most commonly accessed to compensate people for an injury claim case is a claim in the tort of negligence. Their case will be heard in a county court, which commonly hears such injury claims, although very high value cases can see the claim heard in the High Court, which will also hear cases where the claim is appealed from the county court on a point of law.
The tort of negligence
The word ‘tort’ comes from the ancient Norman French for ‘wrong,’ although modern translations will often specify further with a translation such as ‘civil wrong,’ denoting a wrong in civil, as opposed to criminal, law. A tort occurs when person A violates an interest of person B which the law recognises as an interest worthy of legal protection (person A is the defendant, person B is the claimant). Where a tort is proven in a court case, the claim will succeed and compensation is payable from defendant to claimant.
Negligence is a tort related to injury or property damage. It is almost unlimited in the kind of harm which it protects, but typical examples include the following:
- An injury to arms and legs caused in slips, trips and falls;
- An injury to the neck resulting from a car accident;
- An injury to any part of the body related to a faulty or defective product; and
- An ‘injury’ can also include any lasting illness caused by negligence, such as food poisoning or diseases resulting from industrial chemical exposure.
What is a typical personal injury compensation claim case?
Where the personal injury compensation claim case is for injury caused by negligence, the public often believe that the case will look something like those seen on television. In fact, this is not the case. A civil case will include a jury only in very rare cases related to defamation or slander, and it is common for the defendant to simply not defend the case, resulting in judgment being entered against them in their absence — a so called default judgment.
If you have suffered an injury due to an accident which wasn’t your fault, then there is a chance that your personal injury compensation claim case will succeed without a need for you to even go to court to support your case. Your injury is important, and the specialists at Accident Advice Helpline might well be able to help.
Just call 0800 689 0500 (or 0333 500 0993 from a mobile) for a no-obligation chat today!
Date Published: 20th August 2013