Making a Negligence Claim
After a person has acted inappropriately or negligently although it may seem like a lot of hassle, you may want to make a negligence claim to ensure that you receive the compensation that you deserve.
Going about claiming compensation is quite a complicated business and it is wise to consult the advice of a specialist team of solicitors before doing so. To be eligible for a claim you have to be able to prove the following three things: firstly, that the person in question had a duty of care towards you. A duty of care is a legal term which states that an individual is required to adhere to a standard of reasonable care whilst performing acts that could otherwise harm a person. The sorts of people who could fall into this category are for example doctors, dentists, opticians or trade employees like an electrician. After this duty of care is proven you must be able to prove that it was then breached, i.e. that their service was below the expected level whilst you were in their care. And finally you must be able to show that the damage for which you are trying to claim for was from no other reason than the breach of duty. As you can see it is a complex process and without a thorough legal knowledge it may well be difficult to prove yourself, this is why seeing a specialist solicitor comes recommended.
When you initially approach a solicitor about making a negligence claim, they will work with you to establish whether this is viable. In certain instance, for example, the idea of duty of care changes: the level of reasonable care expected from children is less than that expected from a doctor. Although the majority of negligence claims are for standard reasons, in the past there have been some very unusual and strange claims sought - some of them being successful. One quite unbelievable story is the tale of a cricket club in County Durham in 1976. A couple who had bought a new house next to the cricket ground made a claim stating that a breach of the club's duty of care happened when several cricket balls were hit onto their property causing minor damage to their house and risking personal injury. The club was told to pay for any damage caused to both the house and the couple's mental health and eventually the club was closed and cricket was no longer played. Quite a remarkable story but it goes to show the breadth of circumstances for which you can begin a negligence claim.
Although making a negligence claim can be a difficult process, it is worthwhile if it enables you to receive compensation for an accident or injury. There are reasonable levels of care that we can expect to receive by certain people and, if a person's failure to provide this has led to injury or damage, then it is possible that you have the grounds to make a claim: head down to your local solicitors for some advice and see where you stand.
Going about claiming compensation is quite a complicated business and it is wise to consult the advice of a specialist team of solicitors before doing so. To be eligible for a claim you have to be able to prove the following three things: firstly, that the person in question had a duty of care towards you. A duty of care is a legal term which states that an individual is required to adhere to a standard of reasonable care whilst performing acts that could otherwise harm a person. The sorts of people who could fall into this category are for example doctors, dentists, opticians or trade employees like an electrician. After this duty of care is proven you must be able to prove that it was then breached, i.e. that their service was below the expected level whilst you were in their care. And finally you must be able to show that the damage for which you are trying to claim for was from no other reason than the breach of duty. As you can see it is a complex process and without a thorough legal knowledge it may well be difficult to prove yourself, this is why seeing a specialist solicitor comes recommended.
When you initially approach a solicitor about making a negligence claim, they will work with you to establish whether this is viable. In certain instance, for example, the idea of duty of care changes: the level of reasonable care expected from children is less than that expected from a doctor. Although the majority of negligence claims are for standard reasons, in the past there have been some very unusual and strange claims sought - some of them being successful. One quite unbelievable story is the tale of a cricket club in County Durham in 1976. A couple who had bought a new house next to the cricket ground made a claim stating that a breach of the club's duty of care happened when several cricket balls were hit onto their property causing minor damage to their house and risking personal injury. The club was told to pay for any damage caused to both the house and the couple's mental health and eventually the club was closed and cricket was no longer played. Quite a remarkable story but it goes to show the breadth of circumstances for which you can begin a negligence claim.
Although making a negligence claim can be a difficult process, it is worthwhile if it enables you to receive compensation for an accident or injury. There are reasonable levels of care that we can expect to receive by certain people and, if a person's failure to provide this has led to injury or damage, then it is possible that you have the grounds to make a claim: head down to your local solicitors for some advice and see where you stand.
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