Personal Injury Solicitors Scenario FAQs
I was injured in an activity holiday – can I claim?
Possibly and possibly not. Everything depends on how you arranged your holiday, where your accident occurred (in which geographical jurisdiction) and how you came to be injured. Many claims are brought in the UK against UK travel companies under package tour regulations which impose liability for faults in the supply chain under the control of the package tour company. However, in other cases where a claimant has arranged his or her own holiday, it may be necessary to take proceedings in the country where the accident occurred using local lawyers.
I was injured in a road accident – who can I claim compensation from?
Generally, compensation can be claimed from the driver or his insurers. If the driver was driving on works business, it will be his employers’ insurance who should meet the claim. Where there is a hit and run or the driver was driving a car without any insurance arranged at all (no policy) then the Motor Insurers Bureau will meet the claim.
My passenger and I were injured in a road traffic accident – will we receive the same compensation?
No. The amount of compensation depends on the extent of the injuries and losses.
My child was injured at school – is the school responsible?
Possibly. In order to claim against the education authority or the school academy running the school, it would be necessary to prove fault and the accident must generally occur within the boundaries of the school grounds.
I was injured by a faulty product – who is responsible?
There are a number of persons who can be legally responsible for faulty products such as the seller, the organisation who trademarks or markets the product or the importer.
I was injured in an assault – can I claim against the person who attacked me?
Yes, but persons who conduct themselves in such a way as to commit attacks upon other persons generally have little or no assets, so a claim becomes problematic. In most cases, unless the assailant has some assets such as a reasonable income or land or property against which a judgment can be enforced, the claim, in reality, becomes a claim to a Government body tasked with providing a basic level of compensation to the victims of crimes of violence.
Can I claim compensation if I slip or trip and get injured?
For a highway trip, the answer is generally yes, but only if the defect is dangerous and has been there a reasonably long length of time. A Highway authority may have a defence if it has a maintenance and repair policy which it follows.
Claims against non-highways are less certain and tripping claims upon a right of way or upon open access land (such as hill paths) are in fact far more likely to fail than to succeed.
Claims involving slipping at work or in a shop have better prospects of success.
Can I make a claim against a job with an NDA or compromise agreement?
A non – disclosure agreement is an agreement not to disclose certain stipulated facts. Non-disclosure agreements barring out injury claims are of doubtful enforceability and it is not possible through a contract to exclude or restrict liability for negligence. However, an employment compromise agreement, entered into to bring about a consent termination of a person’s employment, often for a compensation payment for loss of employment, do contain enforceable provisos which bar out injury claims or which make the compensation repayable if a claim is brought, though it is not legal to bar out a claim for an injury which the employee did not know he or she had ( and could not be expected to know ) at the time the agreement was signed.
I’ve had an operation and am still in pain – can I make a personal injury claim?
This depends on the facts. If the operation was not a success but someone else caused the injury which brought about the need to operate, a claim may be considered against the person who caused the injury and if a claim is viable, it will include compensation for ongoing pain.
If, however, the operation was negligently performed, and the standard of the surgeon was not the standard of the reasonably competent surgeon and this has brought about an avoidable injury or condition which would otherwise not have occurred then a claim for clinical negligence may be possible.
If I claim against my employer can they sack me?
For employees with a two-year qualifying period which gives protection against unfair dismissal, if the employer does sack the employee it may amount to an unfair dismissal claim. Loss of earnings arising from dismissal can also be included in the personal injury claim. It is actually a fairly rare occurrence for an employee bringing a claim to be sacked since many claims proceed against insurers and are not funded from the employers’ financial resources. It is compulsory for employers to carry insurance to cover the injury claims of their employees. If a person is dismissed for the assertion of a defined statutory right no two-year qualifying period is necessary.
Contact Salmons Solicitors Personal Injury Solicitors
If you have any additional questions about personal injury, speak to Salmons Solicitors. For over 20 years our solicitors have worked throughout Newcastle under Lyme, Stoke on Trent & Staffordshire delivering professional advice tailored to your individual case. In addition to the FAQs listed above, we have additional personal injury advice including General FAQ’s, Responsibility & Evidence Support, Funding & Support & No Win No Fee.