This guide will explore the question ‘what is personal injury law?’. Under law, those who have experienced a personal injury due to negligence may be able to seek compensation for the harm they have sustained. We have explored the legal definition of negligence in more detail throughout our guide.
Additionally, we have provided information on what cases fall under personal injury law and how a personal injury lawyer could help you when seeking compensation.
Please continue reading to find out more. Alternatively, you can get in touch by filling out our contact form with your enquiry.
Select A Section
- What Is Personal Injury Law?
- What Falls Under Personal Injury Law?
- What Is A Personal Injury Lawyer?
- How Much Does A Personal Injury Lawyer Cost?
You may be wondering ‘what is a personal injury claim?’. Under personal injury law, you could seek compensation if you are able to demonstrate the three criteria of negligence. This involves:
- Someone owing you a duty of care
- Someone breaching the duty of care they owed you
- You experiencing harm, either physically or psychologically, as a result of the breach.
If it can be proven that negligence caused you harm, you may be able to seek personal injury compensation.
There are various third parties who owe a duty of care to prevent you from sustaining a personal injury. The law that outlines their responsibilities has been explored in further detail throughout the following sections.
Accident At Work Claims
Under the Health and Safety at Work etc. Act 1974, your employer owes a duty of care to take reasonable steps to remove or reduce the risk of harm posed by known hazards in the workplace. As part of their duty of care, they have different responsibilities, such as:
- Carrying out regular risk assessments and addressing any hazards that arise. If they fail to do so, it could result in an employee sustaining harm. For example, they might slip, trip or fall on a trailing wire in the office that wasn’t adequately covered resulting in them sustaining a broken ankle.
- Providing adequate training. If they fail to do so, it could result in an employee sustaining harm whilst performing work-related duties. For example, an employee may be asked to operate a forklift truck without having proper training on how to operate the vehicle. As a result, they may crash, causing them to sustain a severe head injury.
If you have experienced a similar incident, get in touch to find out whether you’re eligible to claim and gain a better understanding of what personal injury law is.
Road Traffic Accident Claims
Road users owe a duty of care as per the Road Traffic Act 1988 to behave in a way that reduces the risk of other road users sustaining harm whilst navigating the road. Additionally, the Highway Code outlines rules which are backed elsewhere in law and provides guidance for different road users. Failure to uphold their duty of care could result in different types of accidents. For example:
- Pedestrian accidents: A pedestrian may have been crossing the road at a designated walkway but was hit by a motorcyclist that failed to stop.
- Cyclist accidents: A car driver may have failed to check their mirrors before overtaking, causing them to crash into the side of a cyclist and knock the cyclist off their bike.
- Car accidents: A driver may have been driving under the influence of alcohol causing them to collide with another vehicle head-on.
To find out whether you’re eligible to make a road traffic accident claim under personal injury law, get in touch.
Claims For An Accident In A Public Place
The person in control of a public space must ensure you are reasonably safe when using the space for its intended purpose. This duty of care is outlined in the Occupiers’ Liability Act 1957.
A failure to uphold this duty of care could result in someone sustaining harm in an accident. For example, a member of the public may slip on a spill in a train station that wasn’t cleaned up or signposted. As a result, they may sustain a fractured wrist.
If you are able to prove that third-party negligence caused you harm, you may be able to seek compensation. Get in touch for more information.
A personal injury lawyer may be able to help you with the different stages of the claims process.
For example, they could help you gather relevant evidence to support your claim, such as collecting witness statements and arranging for you to attend an independent medical assessment if necessary.
The assessment could provide a report on the injuries you have sustained and detail the extent of the harm you have experienced. This can be used to help value how much compensation you could be owed for your injuries.
Additionally, they have knowledge of different aspects of personal injury law including what falls under personal injury law and the steps you need to take to seek compensation.
You may find it beneficial to work with personal injury lawyers who offer their services on a No Win No Fee basis. Learn more about what this means below.
If you work with a solicitor on a No Win No Fee basis, such as those providing their services under a Conditional Fee Agreement (CFA), you can avoid paying upfront costs. Additionally, if your claim fails, there is no requirement to pay for their services.
If your claim succeeds, your solicitor will take a success fee from your compensation. This is a percentage which the law caps.
Contact Us To Ask ‘What Is Personal Injury Law?’
We hope this guide exploring what personal injury law is, has helped. However, if you have any other questions or require further information, please don’t hesitate to get in touch. You can:
- Fill out our contact form
For additional resources:
- GOV – Compensation After An Accident Or Injury
- NHS – Conditions
- GOV – Road Traffic Accident Statistics
Thank you for reading our guide exploring the question ‘what is personal injury law?’. Get in touch if you have any further questions.