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Personal injury law

Persons injured through no fault of their own are likely to have a right to compensation if it can be proved that the injury was caused by someone else. Generally speaking there are two main ways in which liability can arise :-

1. NEGLIGENCE

we all have a Common Law duty of care for the safety of other persons who may be injured as a result of acts or omissions on our part. If injury to a third party is held to have been caused by a breach of that duty a claim for compensation may exist. The majority of compensation claims eg. road accidents, are likely to arise through negligence.

When attempting to make a claim as a result of negligence it will be necessary to prove that a duty of care existed, that it was breached and that the losses were reasonably forseeable and resulted directly from the accident.

2. STATUTE LAW

The main application here is in the area of injury or disease occuring in the workplace. Employers have a Common Law duty of care to their employees but in addition they can be held liable under statute. Over the years numerous laws have been effected with the purpose of minimising the risk of employees suffering injury or contracting disease in the course of their employment. These may apply in general terms such as the Health and Safety At Work Act, apply to specific activities such as lifting or handling or to specific industries eg. mines and quarries.

One effect of such regulations is that where there has been a breach the employer may be held liable to pay compensation to the injured employee without negligence having to be proved. It is quite possible for the employer to be both negligent and in breach of statutory duty and many claims are brought under both headings.

As well as establishing liability for the accident the claimant must ensure that any court action is brought wthin the appropriate time limit. In the main a claim must be brought within three years of the accident but special considerations apply in some cases eg. occupational diseases or claims from minors. See Time Limits For Personal Injury Claims.

Damages awarded in personal injury claims generally come under two headings ;-

1. SPECIAL DAMAGES - items which can be accurately quantified,

2. GENERAL DAMAGES - items which are more difficult to assess such as pain and suffering.

For further information on damages see Accident Injury Damages.

If you have suffered personal injury through no fault of your own in the last three years and would like to know whether you may be entitled to compensation, please complete the Application Form. We will provide a Free Legal Assessment of your case and will handle your claim on a No Win No Fee basis at no cost to you.

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Testimonials
Workplace Accident
Mrs P tripped on an extension lead wire which had been left to run across the floor of her workplace. She had previously complained about the lead however it was not rectified until after her accident. Liability was admitted early in the claim and Mrs P was awarded £1600.00 following consultation with a medico-legal expert.
"I was very sceptical to approach a "no win no fee" firm, but I was happy to have them help me. They were professional, concise and were successful with my claim. I would be very happy to use them and to recommend them."
Mrs P, London

See how much your claim could be worth.

Examples of Compensation Awards for Injury Claims*
Serious Back Injury
£30,000
Wrist Injury
£3,000
Serious Neck Injury
£30,000
Serious Hand Injury
£10,000
Ankle Injury
£3,000
Serious Knee Injury
£20,000
Serious Head Injury
£50,000

*damages for loss of earnings and other losses and expenses are commonly paid in addition to the injury award and will vary in each case