When you have an accident you do not automatically have a claim. You will only have a claim if you can prove that three consistent elements are present.
We must be able to show that your accident was caused by the negligence or actions or default of another party. For example, if your employer failed:
- To provide you with protective clothing.
- To implement health and safety recommendations.
- To provide proper equipment for doing the job.
- Or the Council failed to adequately maintain the pavement.
If we can prove the negligence of another party, then that party will be liable to compensate you in damages for your injury. But we also have to prove causation, in other words that the injuries you received were caused by the negligent acts of an employer, a manufacturing company, the Council or another driver. Therefore it is necessary for us to show, by obtaining medical evidence, that these acts or omissions caused the injuries from which you are now suffering.
If you have in anyway been responsible yourself for sustaining injuries then your damages will be reduced.
If, for example, you did not wear protective clothing provided by your employer or did not wear a safety belt at the time of the road traffic accident, then your damages will be reduced. This is what we refer to as Contributory negligence.
In most cases claims have to be issued within 3 years of the date of accident.
If the Claimant is under 18 years of age, then the claim has to be issued within 3 years of the date of the Claimant’s 18th birthday.
Any claim consists of 2 consistent elements:
- Damages for your injuries
This includes damages for pain, suffering and loss of amenity, which we call General Damages.
- Damages for your out-of-pocket expenditure
For example loss of earnings, prescription charges, replacement of clothing, loss of use of vehicle, travelling expenditure to and from hospital and G.P. cost of provision of care, which we call Special Damages.