Personal Injury claim.

As with all aspects of law, the proof of blame and facts about the injury all add up as to how much compensation you can achieve. If your claim is unsubstantiated then you will not receive any compensation. This article from Manners Pimblett takes a peek at the legal aspects behind a personal injury claim and what is needed to prove in a personal injury case.

Burden of proof in your case?

To be successful in a personal injury case, there are number of legal aspects that need to be proven to ensure success of your claim. We must prove the following (with evidence):

  • You were injured or that an injury occurred.
  • Defending party was at fault, either negligent or by other action.

Negligence or other action.

Most personal injury claims and actions are based on the fact that negligence occurred that resulted in the injury sustained by the suing party. Therefore it must be a matter of fact that the defendant or the person you are making the personal injury claim against did not carry out an action that would have thwarted the accident that injured you.

Example of a personal injury claim

A classic example of a personal injury accident would be a spillage in a shopping centre that is not cleared up and a wet floor sign not being used to warn the general public. If in this circumstance you slip on the spilt liquid and caused an injury to your leg or hit your head - then you have substantial grounds to make a personal injury claim. Clearly in this circumstance the burden of proof lies with the medical evidence and the company policy on spilled liquids which is normally found in their health and safety policy. Again the Manners Pimblett mantra is the same when you are considering a personal injury claim:

  • Take Photographs of everything, including your injuries
  • Seek witnesses to support your claim
  • Tell the truth

If you wish to discuss making a personal injury claim then call our friendly team of advisors on free phone 0845 077 0772. Start by asking us the questions about your claim?

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