If you have suffered an injury that you believe is due to negligence from a third party, you may be able to make a personal injury claim for compensation. Even if you’re unsure about who was at fault, it is still worth contacting a personal injury solicitor to investigate your team in-depth.
Who Is Accountable For An Accident In A Public Place?
Accidents in public places can be anything from a slip or trip on a public pavement to a cut finger in a bar or restaurant. While the majority of injuries are minor, some people find that they develop a long term disability as a consequence of the injury, which impacts upon their life.
An injury can cause both physical pain and psychological distress, alongside further stress that can be caused by a loss of earnings or an inability to complete daily tasks as before.
If the ‘public place’ refers to something such as a fall or trip on a pavement, it is generally the case that the council or local authority is to blame because it is their responsibility to make sure these are in good working order. A personal injury claim made against a local authority tends to fall under their public liability. Public liability is a type of insurance that covers a person or business in the event that negligence has occurred.
The local authority/business will usually conduct its own investigation into whether negligence occurred, therefore it is important to try and provide any photographic evidence and obtain the names of those involved and any witnesses that may be able to give evidence to help your claim.
If the defendant is not satisfied with the results of the internal investigation, it is still possible to make a personal injury claim in court.
What Is Contributory Negligence?
Contributory negligence refers to instances whereby a claimant is partly to blame for his/her injury. For example, if the claimant was not wearing a seatbelt while driving or a construction worker was not wearing the necessary protective clothing. If this is deemed to be the case, the amount of compensation that the claimant receives will be reduced.
To allege that a person was contributory negligent, the defendant must prove that they failed to be responsible for their own safety and that it was this failure that resulted in the injury.
Can I Still Make A Claim If The Accident Was Partly My Fault?
Yes. In cases of contributory negligence, you can still make a claim against the other person. As discussed, the amount of compensation will be reduced depending on how much share of the blame you take. For example, if you are 30% to blame for an accident and the other person is 70% to blame, your financial reward will demonstrate this.
This type of case can be tricky to handle. Look for a personal injury lawyer that has specialised experience in this type of claim. They will be able to tell you if you have a strong claim and whether negligence can be proved. Usually, there is a 3 year limit from the date of the accident to when you can claim for compensation, but this will vary depending on the claim. Your personal injury solicitor will advise you accordingly.
