If you live in the UK, then you might at some point be able to take advantage of the law around personal injury. But the process of making a claim can often seem arcane and convoluted. Let’s take a closer look at what’s involved, and how you can get the right outcome for yourself.
What is a personal injury claim?
A personal injury, put simply, is an injury suffered by a person. The term encompasses physical problems, like broken arms and legs, and in many cases less tangible mental ones. It excludes damage to property.
Making a claim means being able to demonstrate that the injury was caused by the negligence or malice of a person or organisation. The law covers accidents in the workplace, on the road, in restaurants, and just about everywhere else. What matters is that harm has been suffered as a result of something that someone did, or did not do.
Common situations that may lead to a claim
Let’s take a look at a few hypothetical examples. A worker in a warehouse might slip on a wet surface, dropping a heavy object on their foot in the process. In this instance, the employer might be found liable for the injuries suffered, because they failed to provide the right PPE, and to keep the area clear from hazards – where doing so was reasonably practicable.
On a road, you might take action against a fellow motorist who crashed into the back of you, causing you to suffer whiplash. The principle here is the same: to obtain compensation, you’ll need to demonstrate that you’ve suffered harm, and that the harm was caused by the people from whom damages are being demanded.
What makes a claim valid?
The courts will demand that three things be proven. The first is that a duty of care was owed to the claimant. This might be the duty of care that a doctor owes to a patient, or that a factory operator owes to a worker. The second is that the duty was breached, and the third is that harm resulted. When no harm is done, there’s no claim to make.
Evidence will need to be brought forward. This might take the form of witness statements, medical records, and CCTV footage. The more thoroughly you evidence your claim, the better. Good personal injury solicitors will be able to help you do this.
Recent rules and what they mean
There have been some recent tweaks to the law around personal injury that are worth attending to. The law around so-called ‘whiplash’ claims has been changed to make it easier to obtain a remedy without having to go to court. It’s important not to be misled by the name of these rule changes, however: they don’t just apply to whiplash, but to any claim arising from a road traffic accident that’s valued at less than £5,000. It is hoped that this change will ease pressure on courts.
