Personal Injury Solicitors Responsibility & Evidence FAQ’s
What if multiple people are responsible for my injury?
If multiple defendants are liable, the better course is to look to the Defendant who has insurance and who is most closely connected with the cause of the injuries, if that person blames another person, then careful consideration can be given to adding a second Defendant into the claim but it is necessary to tread wisely since a claim could succeed against Defendant A but lose against Defendant B so Defendant B’s costs may have to be paid from the compensation which could be wiped out, unless the court orders Defendant A to pay everyone’s costs.
What if I am partially to blame?
This is a common scenario. Fault can be divided amongst the parties before the court. When a claimant is partially to blame, we call it contributory negligence and it reduces the claim value pro-rata.
Do I need to go for a medical?
You will almost certainly need to attend for a medical and often more than once and in multiple injury cases to a number of doctors from differing specialities. The Defendant will want their own doctor in many more valuable cases but generally not in sub-£25,000 cases.
Can my doctor’s notes provide support for my case?
Yes, but you need to be careful what you say to your GP. It is best to assume the Defence insurer will be reading it one day what you say.
What evidence is needed for my case?
A claimant carries the burden of proof. If the case is just 50/50 you may well not succeed. You will need whatever evidence is required to prove your case on the balance of probabilities which means to convince the court that your evidence establishes a claim and its value against opponents who will argue that there is no claim on the evidence or even if there is the claim, the claim is of much smaller value than is suggested by the claimant.
There weren’t any witnesses, can I still make a claim?
Yes, possibly you can, but sometimes the occurrence of the accident is not in doubt so if that is the case you do not need a witness who saw it take place. The Defendant may admit the accident occurred. However, sometimes witnesses are required to prove fault or a state of affairs which prevailed pre-accident or maintenance and cleaning regime in a factory for example. Witnesses may also be required to prove losses and in brain damage cases, it is better to start the task of assessing the injury by asking close family members rather than the victim.
Speak to Salmons Solicitors Personal Injury Professionals
If you have any further questions about personal injury, contact our solicitors today. We have worked throughout Staffordshire & Cheshire for over two decades, providing expert advice tailored to your individual situation. In addition to the FAQs listed above, we have additional personal injury advice including General FAQ’s, Funding & Support, No Win No Fee, & Scenarios.