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Unforeseen Occurrences Befall Us All – Personal Injury
The Institute of Advanced Motoring researched 700,000 road traffic accidents over a four-year period to find out what happened.
At over 65%, by far the biggest cause of fatal accidents was driver error or reaction, including 20.5% where the driver admitted they didn’t look properly.
Next most common, at 31%, were accidents because the driver was travelling too fast, ignored the speed limit, or disobeyed a road sign telling them to stop or give way.
Pedestrian casualties and injuries accounted for more than 18% of collisions, of which 10% occurred because the pedestrian failed to look properly.
Accidents do sometimes happen. But if you suffer personal injury as the direct result of someone else’s action or inaction, you may be entitled to claim compensation.
Here are a few examples:
- You are crossing the road and are hit by a car
- You slip and fall on a wet floor with no signage
- You are treated by a medical professional who makes things worse
- Your employer doesn’t provide you with adequate safety equipment to do your job
- You suffer industrial deafness or asbestos-related cancer
- You are injured while using faulty gym equipment
- You suffer food poisoning after eating out
Working out who to blame is a complex and contentious area, so you’ll need a personal injury solicitor on your side.
To make a personal injury claim, your solicitor must prove causation, not just harm. That is, we have to provide evidence to show who caused the accident to happen.
To avoid the costs and stress of going to court, we may advise mediation or other method of alternative dispute resolution.
If you win the case, a judge will decide what amount of compensation you should receive. They will usually follow the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases, but may award a different amount depending on your particular situation.
The compensation will be divided into ‘general damages’ to cover your loss of earnings and the level of pain and suffering you have endured, plus ‘special damages’ to cover the cost of treatment and any other financial losses you incurred.
Personal injury solicitors usually work on a no-win, no-fee basis, however, you may have to pay for other costs and disbursements (that is, anything we have to pay to third parties on your behalf).
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