What do you need for a personal injury claim?
To make a claim for personal injury in Common Law under the tort of negligence there are three main tests that the Claimant has to prove.
The Claimant needs to prove that
(a) the defendant owes him a duty of care;
(b) the defendant is in breach of that duty;
(c) the breach has caused consequential losses which are reasonably foreseeable.
Duty of care
The establishment of a duty of care depends on the circumstances in where the claimant was injured. However there is generally the idea that to establish a duty of care they must fulfil the neighbour test. This is divided into 2 parts.
a) reasonable foresight of harm
b) a relationship of proximity
This sounds complicated however depending on the circumstances it can be easier to pin down.
If it was at work then the employer has an automatic duty of care to take reasonable care in protecting employees from harm.
If it’s in a public place then there will be a duty of care either by the local authority or the owner of public building which you have access to.
If you are injured in a road traffic accident then other road users have a duty of care towards each other.
There are other times when duties of care are established and they are gone into more detail in the specific pages.
Breach of duty
This will nearly always turn on the facts of the case. The Courts will need to consider whether the defendant acted reasonably with regard to their duty to the claimant and whether the breach of duty was unreasonable.
For example within a work based environment the greater the risk to the employee the higher the burden on the employer to act to protect them. If they fail to protect them it is unlikely that it will be classed as reasonable to ignore this risk. Therefore any injury caused because of this failure will be a breach of duty.
Generally the standard of care the defendant would be considered against is that of a reasonable person. If a reasonable person is likely to have not done what the defendant did then it’s possible there was a breach of duty.
The Breach caused the loss
The Claimant needs to establish that the breach by the defendant caused the loss. In most cases the Courts will use the “but for” test. So but for the breach of the duty the Claimant would not have suffered an injury or loss. If they would not have suffered an injury then it is likely that the employer would be liable for the damage caused.
There can be problems when there might be more than one cause for the loss however this can be examined in more detail if you decide to contact us on [phonenumber] regarding your case.
Do you have a personal injury claim?
If you have suffered an injury, and you need a free, confidential legal opinion from a solicitor, we are here to help.
- If you have suffered an accident at work;
- If you have suffered an injury in a road traffic accident;
- If you have developed an occupational illness such as asthma or mesothelioma;
- If you have become ill or have been injured whilst abroad;
- If you have been bitten or otherwise injured by an animal;
- If you have been injured by a faulty product;
- If you have suffered an criminal injury;
- If you have suffered an injury in a public place which wasn’t your fault;
- If you have been involved in a major disaster;
- If a member of your family has been involved in a fatal accident;
Call us now
Call us on [phonenumber] or fill out our online form and we will call you back at a time to suit you to give you a second opinion.
We will advise you on your situation and let you know whether your case is one that can be progressed on a no win no fee basis.