Suffering a serious injury in an accident can throw your entire world upside down. You may be unable to work, enjoy the things you used to do, and may have limited mobility. If the accident occurred through no fault of your own, you could claim compensation.
Our experienced solicitors have represented scores of people who have suffered serious and catastrophic injuries and have helped them get their lives back on track. We also offer a No Win No Fee service, which we explain below.
To speak with our team here at Accident Claims today about serious injury claims, please get in touch:
- Call on 0800 073 8801
- Use the pop-up chat window in the corner
- Contact us through our website
This guide provides vital information on serious injury claims. It takes you through whether you’re eligible to make a compensation claim, how long you have to do so, and examples of evidence you can use to support your case. Additionally, there’s information on how compensation for a serious injury is calculated.
Eligibility Criteria For Serious Injury Claims
For a serious injury claim to be valid, certain criteria must be met:
- A duty of care was owed by a third party, such as an employer, occupier or road user.
- There was a breach of the duty of care.
- You sustained a physical injury, psychological harm, or both as a result.
The three points above form the basis of negligence in serious injury claims. If you have evidence of third-party negligence, it may be possible for you to seek compensation for the harm you have experienced.
The following sections explore the legislation that sets out the duty of care for different third parties, as well as examples of how this could be breached leading to a serious accident.
Eligibility Criteria For Serious Road Accident Claims
All road users owe one another a duty of care. This means they must act in a way that prevents themselves or others from experiencing harm or damage. They can uphold this duty by adhering to the rules in the Highway Code and the Road Traffic Act 1988.
An example of how a road user could breach their duty of care and cause a road traffic accident could be if a driver does not stop at a red light. This could result in them driving into a crossroads and colliding with another vehicle. As a result, the driver of the other vehicle sustains paralysis and brain damage.
Eligibility Criteria For Serious Work Accident Claims
The Health and Safety at Work etc. Act 1974 states that employers must take all reasonably practicable steps to make sure their employees are safe from being injured at work. Some of the steps an employer can take to uphold their duty of care include conducting regular risk assessments and addressing any hazards that pose the risk of injury, as well as providing adequate training.
A breach of an employer’s duty of care could be the failure to ensure that machinery in a factory is regularly and adequately maintained so it is safe and fit for purpose. This could result in an employee sustaining a traumatic arm or leg amputation due to using faulty machinery in a factory accident.
Eligibility Criteria For Serious Public Accident Claims
Occupiers of public spaces owe a duty of care as stated in the Occupiers’ Liability Act 1957. They must take all reasonable steps to avoid injury to visitors to a public area who are using it for its intended purpose
An occupier could breach their duty of care by failing to signpost or clean up a spillage in a supermarket within a reasonable time frame. As a result, you could slip and fall and sustain a serious head injury and back injury as you land.
To discuss your specific case, and learn more about when you could be eligible to make a serious injury claim please contact an advisor at the number above.
