Personal Injury

What is Negligence?

Negligence arises when someone causes injury or a loss to somebody else, as a result, of their reckless or careless behaviour. In English common law, negligence is a tort (a civil wrong) and a claim in negligence may provide a solution for personal injury, damage to a property or a financial loss.

Which elements are required to prove Negligence?

The claimant only needs to prove that on the balance of probabilities the defendant that owed a duty of care, failed to practice reasonable care. The claimant is required to demonstrate that the defendant has caused the claimant to suffer loss. For any legal action arising from negligence, it must be proven that the following have occurred:

• Duty of care
• Breach of duty
• Causation
• Damages

What is Personal Injury?

Common types of personal injury claims include road traffic accidents, accidents at work, tripping accidents and assault claims. The term personal injury also includes injuries arising, as a result, of medical and dental care, which may progress to medical negligence claims. To succeed in any type of personal injury claim, whether a road traffic accident (RTA) an accident in the work place, or any other accident, it is necessary to prove three basic elements.

What is required in a Personal Injury case?

• Liability – legal responsibility for the accident or injury
• Causation – negligence which has caused the accident or injuries sustained
• Quantum – an assessment of the value of the claim

Examples of Personal Injury

• Road traffic accidents (RTA)
• Motorbike & bicycle accidents
• Public Liability (injuries in public premises)
• Employers Liability (illness or accident at work)
• Scarring (lacerations, permanent scarring from accidents, stab injuries)
• Post operative scarring (traumatic wounds, cosmetic surgery negligence)
• Injuries from animals (dog bites or injuries from other animals)
• Burns (burns scarring, thermal, electrical, or chemical burns injuries)
• Hand injuries (finger amputations, scarring)