Someone has acted carelessly towards you, causing you injury. This could be in the form of a road accident, or an unintentional act that has caused physical harm, such as a careless act by a doctor giving you surgery, or an accident at work. For there to be a claim in Negligence, three elements must be met:
Duty of care
It must be proved that the other side owes you a legal duty to take care. Examples would include drivers to passengers, doctors to patients, employers to employees, road-users to other road-users, etc. It would also apply to public bodies (councils making sure paths are safe), Transport companies (making sure vehicles are roadworthy), and so on.
Breach of the duty
It must be proved that the other side was legally at fault for not meeting the standard of care expected of them.
Causation
It must be proved that the breach of duty caused you loss. The burden is on you to prove the causal link between the breach and the loss. Furthermore, to prove causation, it is important to show that the damage was reasonably foreseeable.
Next steps
If you do decide to claim negligence, you can sue for damages. This would entitle you to compensation for pain and suffering, compensation for activities you can no longer do, medical expenses, and lost wages while unable to work. Damages aim to put you in the same position you would have been in if the incident had not happened. There is also a duty on you to mitigate losses, meaning that you must take all reasonable steps to keep the losses you are claiming to a minimum. For example, if you unreasonably refuse medical treatment you cannot recover damages for the harm which the treatment would have avoided. The court awards damages in the form of a single lump sum to cover current and future losses, but you cannot go back for a second claim if your injury gets worse.
If you are treated by the NHS, you cannot recover what it would have cost to have private treatment. However, the law does allow for recovery of the cost of services, such as nursing care and help with housework, but it must be reasonable. Furthermore, insurance payments, ill-health pensions, and charitable payments (including ex gratia payments made by your employer) are not deducted from the damages which you receive.
The time limit for bringing a claim is within three years of the injury.
Lestons have specialists who deal solely with these types of claims who would be delighted to receive your instruction to assist you.
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