In order to successfully claim compensation for a head injury, you must prove that it was caused by the negligence of the party you are claiming against. There are several parts to this:
- The other party must have owed you a ‘duty of care’. This term may call to mind a doctor/patient situation. Undoubtedly this is one instance of a duty of care exists but the concept covers many other situations. For example, it can cover employers and employees and the duty of road users to take care in relation to others.
- The Defendant must have failed in their duty of care to the Claimant in order to substantiate a personal injury compensation claim. This can be through either something they did, or something they did not do, which meant they did not meet the standards the law required of them.
- Their failure must then have caused your injury. “Causation” is often the most disputed element of any personal injury claim.
To be successful in your compensation claim, you must prove each of these points – unless the other party accepts that they were negligent. You must also prove the amount of every item you are claiming for and support it with evidence. As the party making the claim, it is for you to prove it – not for the other side to disprove it, just as you would for any insurance claim.
This may make the process sound difficult, but Truth Legal will guide you through each step. We will ensure that making your claim is as easy as possible, explaining each step to you.
