Those who have suffered an injury which has been dealt by someone else (especially when that someone else has been negligent, ignorant, or reckless) know full well that it may be possible for them to claim compensation. But before you file a compensation claim; your case will need to fulfill certain criteria first.
The Conditions for Filing a Claim
There are two important conditions that need to be fulfilled before you can file a claim. This would be that 1.) Your injury occurred through no fault of your own, and 2.) Your physical injury was caused by the negligence or dereliction of duty of someone else.
You can also file a claim for personal injury if you have bought a product and the product has proven to be defective. If this is the case, you have to prove that there is a particular safety standard expected from the product and it has not been able to meet these standards.
But the majority of personal injury claims for compensation in the UK are comprised of the first reason – that is, the negligence or dereliction of duty of another person or entity.
The Components of Claiming Compensation
When dealing with a personal injury case through the negligence or fault of another person, you have two basic components to think about as well. This would be that person’s ‘duty of care’ and the breach of this person’s ‘duty of care.’
Proving negligence comes down to this: you have to be able to show that the person did something they shouldn’t have done, or they didn’t do something they should’ve done. In any case, the person’s inability to act (or their wrong action) has resulted in injury to you. But whilst the idea seems simple, actually proving it is not that easy. You have to show that the person did not fulfill their particular ‘duty of care’ in your case. For instance, if you went to a beauty treatment centre or salon and suffered an injury due to the negligence or ignorance of a beauty specialist or technician, you need to show that they had a duty of care to you in the first place, as confirmed by expert beauty treatment solicitors.
The second component with personal injury cases is the breach of the person’s duty of care. As the term implies, you need to prove as well that there was an actual breach of this person’s duty of care to you. You have to show that your injury, in essence, was caused by the person – whether directly or indirectly. When a court is deciding on your case, it will evaluate the extent of your injury, the costs related to your injury, the profession or industry of the person and the standard practices associated with their profession or industry, among other important factors.
