subject: Can I Claim For Personal Injury? [print this page] Can I Claim For Personal Injury?
If you were injured in an accident then it may be possible for you to make a claim for compensation, to do this you will need to identify someone who is either responsible for the accident, or who had a duty to prevent the accident but failed to do so, or identify who is responsible for increasing the seriousness of the accident. This responsibility can come from a number of different circumstances:
Employers Liability
All employees are responsible for the safety of their employees when at work, there is a huge amount of legislation setting out 'health and safety' rules which need to be followed and what steps should be taken to protect employees from harm. Employers who fail to follow these rules, or who do not think about the risks to their staff and try to prevent these may be liable for any personal injury.
Negligence
Every person must, by law, ensure that they take all reasonable steps to guard against the possibility of causing harm to others, who it is reasonably foreseeable could be affected by their actions. If they fails to do this, they will be guilty of negligence and any damage which results from this negligence would be their fault. Negligence can take many forms, such as, drivers have a duty to take reasonable care not to injure other road uses and by driving carelessly, with less than full concentration or in contravention of the highway code, drivers may be negligent.
Occupiers Liability
The occupier of a premises has a legal duty to make sure that any visitors to the premises are safe. The occupier can be the owner or tenant of premises, or may be the person who is responsible for the maintenance and management of a building. Any visitor who is injured in an accident that the occupier could have reasonably prevented will be able to claim against the occupier.
Breach of statutory duty
Sometimes the law places specific requirements on a person or organisation and a failure to comply with these requirements can result in that person or body being liable for any injury which is suffered as a result. For example, local authorities have a duty to maintain the roads in good condition and to clearly signpost and warn against any hazards.
Once you have identified someone who is at fault than you may be able to make a personal injury claim. If this claim is successful you will receive compensation which includes an award in recognition of the discomfort and inconvenience which your injury has caused you, as well as any financial losses which have resulted from this injury. Common types of financial loss which can be recovered include medical and rehabilitation expenses, loss of earnings, transportation to and from hospital, the cost of buying special mobility or daily-living aids to help you overcome your injury and compensation in respect of your reduced ability to earn money in the future and further time off work which may be necessary if the injury continues to cause problems.
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