Negligence claims

 

Negligence is defined in law as falling below a specific standard of care, and this standard is set by law depending on the situation. This can result in damages, which is compensation awarded by the court for a loss or injury caused to the claimant by the defendant.

Damages are awarded in many different types of law suits, from personal injury to employment disputes to breach of contract litigation, and a solicitor will help you claim for this.

Bringing a compensation claim

The amount of negligence compensation depends on the injury which has been suffered. The amount will be determined by the amount of economic losses suffered, which may include:

  • Potential loss of earnings
  • Medical expenses
  • Non-economic losses such as pain and suffering

As with most types of law, the case law relating to negligence is vast. Furthermore, there are many different types of situations in which negligence compensation may be available. Examples include:

  • Sports injuries
  • Car accidents
  • Medical-negligence claims
  • Accidents at work

Personal-injury lawyers who deal with claims for negligence must have detailed knowledge of the area and provide access to justice whilst ensuring they maintain the fairness of the judicial system. For this reason, it is important that if the situation arises where you may wish to claim negligence compensation, you obtain legal advice from a specialist personal injury solicitor.

Duty of care

Individuals who have suffered wrongdoings at the hands of public authorities can bring negligence claims against them. Some of the public authorities that negligence claims can be brought against include:

  • The police
  • The fire service
  • The health service

There are time limits for bringing a claim which must be observed.

Winning negligence claims against public authorities can prove difficult. The law on negligence is designed to protect public authorities from civil action being brought against them. In order for a claimant to bring a negligence claim against a public authority, they must prove that:

  • The public authority owed them a duty of care
  • There was a breach of this duty
  • The breach caused them to suffer injury

The challenges

When bringing negligence claims against the police it is particularly difficult to prove that the police owed the claimant a duty of care. In order to prove this, it is settled law that the claimant must show that a ‘special relationship’ between them and the police existed.

Proving that such a ‘special relationship’ existed is not easy. This is a complex area of law which has attracted a body of case law. This emphasises the need to instruct a specialist solicitor with detailed knowledge in this area.

Negligence claims that are brought against public authorities are usually strongly defended. If you do not present your case in the best possible way there is a chance that the courts may prevent you from bringing a claim.

If you have been injured and are seeking damages, negligence claims may help you achieve that goal. In many cases you are able to have your case evaluated by a professional for free and bring your claim without any out-of-pocket expense.

Do you have a negligence claim against a private or public body? Contact Law can put you in touch with a specialist negligence solicitor that deals in the area of law your case is concerned with. Please call us on 0800 1777 162 or complete the web-form above.

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