Can I make a personal injury claim?
Before you can make a claim Digby Brown has to be able to show that your injury or industrial disease happened because of someone else’s negligence. Negligence is a legal term which is broadly equivalent to carelessness. If an accident has been caused entirely through your own carelessness you will not be able to make a successful claim. If, as often happens, an accident is caused partly through your own fault and partly through someone else’s, you may be able to make a claim but the amount of compensation you receive will be reduced according to the degree that you contributed to the accident. This is known as contributory negligence. If, for example, you are found to have contributed to the accident by 25%, your damages will be reduced by 25% to reflect your share of the blame.
When should I see a solicitor?
You should visit a solicitor who specialises in personal injury compensation as soon as you believe that you may have a personal injury claim, normally as soon after the accident as possible. However, in general, a pursuer has three years from the date of the accident to start legal proceedings against the defender. If the claim is not settled or an action is not raised in court within three years, your claim may become time-barred. If in doubt contact Digby Brown and we can quickly assess whether you can claim or not.
How is negligence established?
The law of negligence has been built up over many years through reported court cases. As a result the law lays down 'standards of care' which apply to all the fields of human activity. If we can show that someone - another motorist, an employer or a local authority say - has failed to meet the required standard of care, and you have suffered injury as a result, they will be found to have been negligent. You consquently have a legal right to make a claim for damages against them.
Are there any statutory provisions which might help me to bring a claim?
It is not always necessary to prove negligence in order to successfully make a claim for compensation. Increasingly, Acts of Parliament lay down what are known as statutory cases. If you can show that someone has been in breach of a statutory requirement you may well be able to bring a claim for damages.
What can I claim for?
What other expenses can I recover?
Before you can make a claim Digby Brown has to be able to show that your injury or industrial disease happened because of someone else’s negligence. Negligence is a legal term which is broadly equivalent to carelessness. If an accident has been caused entirely through your own carelessness you will not be able to make a successful claim. If, as often happens, an accident is caused partly through your own fault and partly through someone else’s, you may be able to make a claim but the amount of compensation you receive will be reduced according to the degree that you contributed to the accident. This is known as contributory negligence. If, for example, you are found to have contributed to the accident by 25%, your damages will be reduced by 25% to reflect your share of the blame.
When should I see a solicitor?
You should visit a solicitor who specialises in personal injury compensation as soon as you believe that you may have a personal injury claim, normally as soon after the accident as possible. However, in general, a pursuer has three years from the date of the accident to start legal proceedings against the defender. If the claim is not settled or an action is not raised in court within three years, your claim may become time-barred. If in doubt contact Digby Brown and we can quickly assess whether you can claim or not.
How is negligence established?
The law of negligence has been built up over many years through reported court cases. As a result the law lays down 'standards of care' which apply to all the fields of human activity. If we can show that someone - another motorist, an employer or a local authority say - has failed to meet the required standard of care, and you have suffered injury as a result, they will be found to have been negligent. You consquently have a legal right to make a claim for damages against them.
Are there any statutory provisions which might help me to bring a claim?
It is not always necessary to prove negligence in order to successfully make a claim for compensation. Increasingly, Acts of Parliament lay down what are known as statutory cases. If you can show that someone has been in breach of a statutory requirement you may well be able to bring a claim for damages.
What can I claim for?
What other expenses can I recover?
