So what exactly is ‘personal injury’?
Not every accident counts as a personal injury case, in order to make a claim, your injury must have been caused by the negligence of another individual, a property management company, a property owner or even a local, state or federal government.
A personal injury could be:
-A physical injury, disease, illness/death or
-A psychological injury or illness
The main dispute in any personal injury claim is negligence. If you were injured due to someone else’s negligence or lack of duty of care then you may be entitled to compensation. But this, of course, has to be proven. There are 4 things you must prove to hold a ‘party’ legally liable for your injury to be awarded damages:
-The party had a duty to act reasonably according to the circumstances
-The party breached the duty
-The party’s breach of duty caused you to be harmed
-You suffered monetary damages due to the harm you suffered when the party breached its duty of care
After coming to a conclusion about what your injury is and who you are going to hold responsible, you then have to think about if the injury has happened purely by chance and couldn’t be prevented or have you became injured as the result of the other ‘party’s’ actions. Lastly, if you think the injury has been caused because of another party’s actions, then do you have sufficient evidence to support this? If so then you may have a greater chance of winning your claim.
If your injury comes under these pointers then you are most likely in a position to make a claim for ‘personal injury’.
If you are unsure whether you are in a position to make a claim or not you can receive free and impartial advice from the team at Beecham peacock solicitors in Newcastle, the discussion is free of charge and there is no obligation to use their services.
