What are Your Rights to Compensation?

It is a general principle of law that if someone causes you harm which results in an injury or loss, that person should compensate you for the loss you suffered.  If you have suffered an injury which is not your fault then you may have a right to compensation.  It is a common misconception that there is a ‘compensation culture’ where those who suffer an accident seek to blame somebody else in order to get rich!  This is not the case. If the accident was your fault you probably won’t be able to claim compensation. Furthermore, just because someone else caused the injury it doesn’t necessarily mean you can claim compensation from them.

If you were injured, suffered loss from that injury, and can prove the injury was caused by someone else’s negligence then you may have a claim for compensation.

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What is negligence?

If you are injured as a result of a hospital operation, you may incur pain, suffering and further financial losses (through further medical treatment or loss of earnings).  However, you are only able to sue the hospital for damages if you can prove the doctor or surgeon was negligent.  To do this you have to prove the treatment given by the doctor was below the standard normally expected of a doctor.

The same is true of other professionals, such as solicitors and accountants.  If you are given advice by an accountant which results in you losing out financially or in any other way, you can sue him for professional negligence if you can prove his advice was below the standard expected of a qualified accountant.  If you wish to prove professional negligence you need to take specialist advice from a qualified solicitor.

Do I always have a right to compensation?

The injury has to be a result of a third party’s negligence, and you have to prove you have suffered loss.  The loss can be physical or emotional pain and suffering, or it can be financial loss.

However, you may not be able to claim for all losses suffered.  The harm must be reasonably foreseeable.  For example, if a council is negligent and fails to fix paving stones in the park, it is reasonably foreseeable that someone will suffer physical injury.

Furthermore, only reasonable losses can be claimed for.  After the trip in the park it is accepted that you will spend time in hospital and incur medical fees.  It may not be reasonable to claim for a ‘recuperating’ holiday you believe you need as a result of the injury.

However, all claims need to be considered on an individual basis, and it is up to a court to decide if the claim is reasonable.  For this reason you should contact us at Manners Pimblett so our compensation specialists can assess whether you have a claim for compensation.  We will offer you a FREE CONSULTATION where we can quantify your compensation claim and fight for the damages you deserve.

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