It is widely accepted that an accident is just that an accident, an unfortunate event that wasn’t intended. While it may not have been intended it doesn’t detract from the often serious consequences of the accident, which can see people suffering severe injuries or financial hardships. What is more, if this accident was the fault of another who may have acted negligently or recklessly then you may be entitled to recover compensation from the party at fault. The purpose of compensation is to seek to reinstate an injured party into the position they would have been in were it not for the accident. If this is not possible, due to the nature of the injuries suffered, then financial compensation is given in respect of the injuries sustained. While many accident victims would sooner not have sustained an injury receiving compensation can help ease the financial burden and give some form of justice for the accident. The law recognises many areas whereby compensation may be recovered for a ‘fault accident’ and below is a list of some that if you have suffered you may be entitled to compensation.
Road traffic accidents
After a vehicle accident, a skilled car accident lawyer may be tremendously useful in navigating the often hectic and complicated world of insurance claims and damage settlements. Here’s what you should know:
- Most personal injury lawyers operate on a contingency fee basis, which means they only get paid if your claim is successful.
- An attorney delivers in-depth legal knowledge, the ability to put together your best case, and comfort in the negotiating trenches when it’s time to battle for your best result.
- Handling an automobile accident lawsuit on your own might be risky unless your injuries are small and the opposing party admits guilt
Hiring a personal car accident lawyer to defend you after a vehicle accident means you’ll have a professional on your side who is well-versed in the applicable laws and procedural processes that may apply to your case. An attorney can educate you on your state’s shared fault statutes and how they may influence your case if your own carelessness contributed to the accident. A car accident lawyer will also be acquainted with the time constraints (known as statutes of limitations) that might prevent you from suing the at-fault motorist. For example, in many jurisdictions, you must file your claim within two years of the vehicle accident or you may lose your ability to sue.
Your lawyer can also compile the data and draft a settlement demand letter for the insurance company. If you are unable to settle your accident case, your attorney can file the required documents to begin a court case on your behalf and deal with the defence counsel. Having a seasoned expert handle the day-to-day operations of your case relieves you of the stress, allowing you to focus on recuperating from your injuries.
Road traffic accidents are some of the most common compensation claims and they haven’t enjoyed the best reputation over the last decade. That said if you are injured in a road traffic accident such as a car crash you will be entitled to seek compensation for the injuries you sustained or the financial losses you have incurred. Some road traffic accident claims can be relatively straightforward, if liability is not in dispute and the injuries and losses are easily quantifiable the process shouldn’t be too arduous. That said there are instances where compensation claims can take years to resolve. If liability for the accident is contested, this will first need to be settled by either lawyers or the court. If serious injuries are sustained this too can prolong the process. It can take years to obtain a full prognosis, gather evidence and quantify exactly what losses have or are likely to occur as a result of the injuries sustained.
Pedestrian accident claims
Road traffic accidents are not just reserved for car crashes between two vehicles they can also include pedestrian accident claims, such as a pedestrian being hit and injured by a car. Pedestrian claims can go further than this and incorporate other accidents that may be a result of poor road or pavement maintenance, obstructions on pavements or even being hit by a falling object. If you have been injured by just walking down the road then provided liability or fault of another person, agency, company or council can be established then you may be entitled to recover compensation for the injury you sustained.
Medical or clinical negligence is another area the law seeks to protect unsuspecting victims. A medical negligence claim can arise where a healthcare practitioner makes a mistake that can leave injuries that have an impact on the victims lives. The victim may decide to take legal action against a medical practitioner or practice (or both) to seek compensation for acts of negligence that occurred during their medical care. In order to be entitled to recover compensation for medical negligence and successfully bring a claim, you will have to prove that the standard of care offered was below the standard that is expected of a competent medical professional, that this caused damage to your health, and it would not have occurred were it not for the actions of the medical professional. As with any claim for compensation, this can be a lengthy and complex process that requires in-depth medical analysis and legal knowledge. If you believe you have been a victim of medical negligence then seeking legal advice is always recommended.
Workplace accidents that result in legal claims being brought against an employer are also known as employers liability claims. To be successful in bringing an employers liability claim you have to be able to establish that you sustained an accident at work that was not your fault but rather the fault or negligence of your employer. You can then bring a claim to compensate for any injuries or financial losses that you have occurred.
Many workplace accidents could have been avoided if employers had implemented the correct measures and procedures required to reduce the risk of accidents from happening at work. Safety clothing should be worn at all times, steel top cap boots, helmets and unigloves are all essential wear in a hazardous environment. All employers have a duty of care toward their staff and this means that they are legally required to take reasonable steps to provide safe work environments. What is more, there are a number of health and safety regulations and laws in place that are designed to prevent accidents from occurring in the workplace and any breach of that can have serious consequences.
Despite this, workplace accidents can be very common and happen every day regardless of the working environment you are in. You could work in a supermarket, clothing store, construction site or a factory. Common workplace accidents can include but are not limited to
- Slips, trips and falls.
- Accidents caused by defective or dangerous work equipment
- Accidents on building sites
- Manual handling accidents
- Accidents caused by lack of, or inadequate training
- Falls from height
Dog bite claims
Being bitten by a dog can be a traumatic and painful experience that can leave you with physical or psychological injuries. Injuries that you may not recover from. It is the responsibility of all dog owners and handlers to control their dogs and prevent them from acting dangerously around others. Failure to adequately control a dog can have devastating consequences that can give rise to a claim for compensation.
If you have been bitten by a dog in the last three years the right lawyer may be able to help you make a claim for financial support which may help to aid your rehabilitation or compensate you for the mental and physical pain and suffering you have suffered.