Claiming for an accident which was no fault of yours

 

Firstly, a disclaimer. You do not automatically have a legal claim just because an accident was not your fault. The world can be a dangerous place and sometimes bad things will happen and no-one is to blame.

However, in many cases, someone will have been responsible for your safety. If they have failed in that duty, then you may have a claim against them.

Visit our personal injury law pages for information on specific injuries.

Establishing liability

Determining whose fault an accident was can be difficult. Personal injury solicitors are specially trained in determining chains of causation in order to find the actual culprit.

For example, if you were walking in a park and were injured by a branch falling from a tree, you might think it was just an unpredictable occurrence. However, the owners of the park, perhaps a local authority, may have a legal duty to prune back potentially dangerous trees.

This would give rise to their liability.

However, this does not mean you should go looking for dangerous trees in the hopes of claiming compensation. For one thing, if a tree is obviously dangerous, you will be held partially or perhaps even wholly liable if you are injured by it.

Secondly, the compensation you can claim is only there to put you back in the position you were in before being hurt. If you do get compensation, and it’s a large sum of money, the chances are you have been seriously hurt.

Calculating compensation

Once liability has been established, your solicitor will determine how much you should try to claim for. There are two stages to calculating compensation, known as ‘special damages’ and ‘general damages’.

For a detailed explanation of these, visit our damages page.

Settling your claim

Most cases never come to court. If you have instructed a good solicitor they will be able to present your case in such a persuasive manner that the other side is likely to agree to pay your compensation, rather than risk incurring more legal fees and court costs.

If you have a potential personal injury claim, we can put you in touch with a local specialist personal injury lawyer free of charge. So, please call us on 0800 1777 162 or complete the web-form above.

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