Freak accidents

 

Sometimes something incredibly unlikely happens. Events chance to coincide in such a way as to cause an accident to occur that seems beyond prediction.

Healthy-looking branches fall from trees. The ground subsides without warning. Snow suddenly falls at the height of summer. Light reflects off a curved building and sets fire to a car. Whilst each of these is unlikely in itself, the probability of any freak accident occurring to someone is comparatively high.

The law and freak accidents

You may have heard that if you have an accident that was not your fault, you are entitled to compensation. In many cases this will be true. However, when the accident could not have been reasonably predicted, you may not in fact be awarded any damages.

The reason is that the other party could not possibly have protected you from what happened.

This should not deter you however, it can be very difficult to say whether an accident could have been predicted. Even if not, there may have been other steps that should have been taken, which would have lessened its effect.

For example, a tree branch may have looked healthy, but the council might still have been obliged to cut back any long branches before they became a threat.

Sometimes, an accident that looks like it is a chance event is in fact a well-known problem within an industry. A specialist may be able to say that buildings curved a particular way are known to cause problems when the sun hits them from a certain angle.

In this case, a professional would have been expected to know about the danger and take steps to avoid it.

Making a claim for compensation

Not all accidents result in compensation. If something happened that was genuinely no-one’s fault, then it is just held to be bad luck. Similarly, if a freak occurrence could have resulted in injury but in fact everyone survived unscathed, no compensation will be due. Even if there was some degree of loss, it will need to be proved to be due to the accident, and not some other event.

Personal injury solicitors are trained to approach the facts of a case in such a way as to quickly determine whether there is a potential claim for compensation. They are familiar with the criteria the courts consider important when making such a judgement and know what evidence is useful when backing up a claim.

Sometimes a claim that appears weak at first turns out to be very strong. It is always worth having a specialist review your case to see if it is worth proceeding with.

If you would like some advice about whether you may have a compensation claim for a freak accident you can speak to one of our specialist accident compensation solicitors who will be able to help you with this. Or, visit our page on personal injury law to learn more about this subject.

If you would like to obtain legal advice on an accident that has happened to you, or about compensation, then Contact Law can put you in touch with a local specialist free of charge. Please call us on 0800 1777 162 or complete the web-form above to speak to one of our advisors.

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