Damages Breach of In Duty of Care Resulting in Compensation Claims
Personal injury are the reason for the majority of all compensation claims throughout the UK. Considerable amount of money are dedicated by compensation claims management companies to advertising that targets those who have been injured while going about their day to day life. Many of the adverts supply the impression that compensation claims can be done in almost any circumstance in which a personal injury has been suffered. However, this is not always the case.
Compensation law is based on a complex interaction between precedent and statute. The legal basis for such compensation claims have been established in several important cases, like with the Compensation Act of 2006. The circumstances in which compensation claims could be valid are determined by this legal framework.
Compensation law sets upon the concepts of negligence and duty of care. Duty of care is an universal obligation that needs individuals and organizations to do no harm to anyone else when this is fair, just and reasonable. Like if the organization with responsibility for managing a public building carries a duty of care to those members of the public that choose to use it, it is the organization’s obligation to ensure that they do as much as is reasonably practicable to make certain that everyone can use the building safely. A party is claimed to be negligent when there is a breach of this duty of care and when a personal injury or loss is sustained as a result.
As can be seen, the key factor to considering when making compensation claims for personal injury is the establishment of this breach of duty of care. In many instances, it is easy to demonstrate that a duty exists, the reasons mentioned previously, but compensation claims can only be made successful if this duty of care has been breached.
In addition, it should be shown that an injury or loss has been evidently suffered. This is usually easy to prove. Finally, causation also needs to be established. It must be proved that the breach of duty was the cause of the injury.
It should also be noted that compensation claims can still be made if the claimant was in part responsible for their injury. If you and the defendant were to blame, then the court may still find in your favor, but any payment for compensation claims will be lessen by contributory negligence. This ensures that any damages awarded will be reduced by an amount proportionate with the amount of negligence assumed by the complainant.
The time in which an individual can make compensation claims for personal injury is also determined by law. There are strict limits of time for many compensation claims and these sometimes may change in the light of new medical findings.
Raey Miears blogs about injury compensation calculator and other legal entitlements for British based website perfectclaims.com. He also lifts the lid on injuries in supermarkets and the accident claim sector in general.