A personal injury claim is a legal solution that enables people who suffer injury in an accident that was someone else’s fault to get compensation, otherwise known as damages.
At the end of a successful compensation claim, the person making the claim, known as the the claimant, will receive damages for the injury and other losses they suffered because of the accident. Usually, the compensation is paid by the other party’s insurance company.
For your personal injury claim to be successful, you must prove certain things, and they are:
- Duty of Care: You must show that the person who caused the accident owed you a ‘duty of care’.
- Breach of Duty: You must demonstrate they breached the duty of care they owed you.
- Causation: You must show there’s a connection between the breach of duty and your injuries. We call this proving causation. You must prove that the other party’s actions were negligent and that they were the direct cause of the harm you suffered.
- Damages: Finally, if you intend to claim compensation, you must prove you suffered loss due to getting the injury. ‘Loss’ in this sense includes pain, suffering, loss of amenity (loss in quality of lifestyle), financial losses, and other related expenses.