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Defining Negligence
Find out today whether our specialist solicitors can help you make a negligence compensation claim. We pride ourselves on offering access to justice and a quality compensation recovery service. To help us achieve that, we offer No Win No Fee agreements in all cases that we take on.
£85 million in compensation
Defining Negligence
Find out today whether our specialist solicitors can help you make a negligence compensation claim. We pride ourselves on offering access to justice and a quality compensation recovery service. To help us achieve that, we offer No Win No Fee agreements in all cases that we take on.
Negligence In Compensation Claims
Have you been injured in an accident that wasn’t your fault? If so, you may be left with questions such as “What is negligence?” and “Can I claim compensation?”.
Negligence forms the basis of most compensation claims. It is a legal term you will hear when making a personal injury or medical negligence claim. Certain elements must be present in order to establish negligence. Our specialist No Win No Fee solicitors could help establish negligence and claim the compensation you deserve.
Have a free, no-obligation chat with us today about what’s happened. Our friendly advisors work 24/7, so can answer any questions you may have following your accident. They can also assess your claim eligibility for free:
- Call 0151 375 9916.
- Fill out the form on our Contact Us page.
Alternatively, we also have a legal glossary that looks at other technical terms you may come across during the negligence claims process.
What Is Negligence?
Negligence is the act of a responsible party failing to uphold the reasonable care expected of them, leading to someone getting harmed.
If you’re unsure whether you’ve experienced negligence, you can chat to us today for free about your circumstances, and our advisors can tell you.
How Is Negligence Established?
To prove that negligence occurred, and in order to have an eligible compensation claim, you must prove 3 key elements: duty of care, breach of duty, and causation.
Duty Of Care
You must prove that a liable party owed you a duty of care.
Duty of care is the legal obligation imposed on certain parties to ensure health and safety and prevent foreseeable harm to others. This is achieved by taking the steps any other reasonable person would in their position, such as conducting regular risk assessments.
This obligation can arise in various contexts, and there are multiple pieces of legislation that govern this, depending on who the responsible party is. For example, an employer’s duty of care is outlined in the Health and Safety at Work etc. Act 1974, whereas an occupier’s duty of care is outlined in the Occupiers’ Liability Act 1957.
Breach Of Duty
You must prove that the liable party breached their duty of care.
Breach of duty can occur if the liable party fails to meet their standard of care through negligent actions/inactions.
Causation
You must prove that the breach of duty directly caused you to be harmed. This can include physical injury or illness, psychological damage, and financial losses.
If you’re unsure whether you’ve experienced negligence, you can chat to us today for free about your circumstances, and our advisors can tell you.
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What Are Some Examples Of Negligence?
Below, we explore some examples of how negligence could occur in different places.
Accidents At Work
- At work, your employer should have provided you with manual handling training, but they failed to do so. This led to you using an unsafe lifting technique and suffering a back injury.
Road Traffic Accidents
- A driver was exceeding the speed limit, meaning they couldn’t slow down in time for the traffic in front of them. This led to a rear-end collision with your vehicle and you suffered whiplash as a result.
Medical Negligence
- Your GP failed to check your medical records before prescribing you with amoxicillin. It was stated on your medical records that you have an allergy to penicillin (amoxicillin is a type of penicillin). As a result of this medication error, you suffered brain damage from an anaphylactic shock.
Public Place Accidents
- The occupier of a shop failed to display any wet floor signs after they mopped the floor. As you weren’t aware that the floor was wet, you slipped and fell, which led to you fracturing your ankle and wrist.
These are just some selected examples. Negligence can occur in many different ways. If you believe that you have suffered negligence whilst working, on the road, seeking medical attention, or in a public place, please feel free to have a chat with us today about your situation. Our team can answer for free “What is negligence?”, and tell you whether you are eligible for compensation, without any obligation to proceed further.
How To Prove Negligence
You can prove negligence by collecting evidence that best supports your claim. Your evidence should prove each aspect of negligence (that the defendant owed a duty of care, the defendant breached this duty, and that the defendant’s breach caused you to be harmed).
As such, good evidence to gather includes:
- Video footage of the accident occurring (CCTV, dash-cam, etc.)
- Photographs of your injuries and the accident site.
- Copies of your medical records.
- Dated recordings of your symptoms and what treatment you’re taking.
- Copies of any accident logbooks.
- Contact details from any witnesses to the accident.
- Copies of any correspondence you’ve had with the liable party, such as emails or letters.
Our solicitors can help you gather your evidence. This may be extremely beneficial for you, as you can focus on recovering from your injuries while your solicitor undertakes the complicated legal work on your behalf. To see whether you can connect with our solicitors and receive this help, contact us today.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
Get Help With Your Negligence Claim From JF Law
If you are eligible for compensation, our No Win No Fee solicitors here at JF Law can help you with your negligence claim. They provide many services in order to make the negligence claims process as simple as possible for you:
- Collecting evidence on your behalf.
- Communicating with the liable party, and any other necessary parties, so you don’t have to.
- Negotiating to ensure that your compensation is fair and covers all aspects of your harm.
- Explaining legal jargon.
- Keeping you updated through every stage of the claims process .
- Helping you access rehabilitation specialists if necessary.
- Helping you apply for interim payments and tax accounts if necessary.
- Answering any questions you have, such as “What is negligence?”.
What’s more, our solicitors conduct all of this work on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This means that:
- There are no solicitor fees to pay upfront or throughout the duration of the entire negligence claims process.
- If the claim isn’t successful, there are no solicitor fees to pay at all.
- If the claim is successful, you will just have a small deduction out of your compensation. This small deduction is called the success fee and is legally capped at 25% to ensure that you receive the majority of the compensation no matter what.
To see whether you can benefit from our No Win No Fee services, have a free chat with us today.
Contact Our No Win No Fee Solicitors
Our solicitors have won thousands of medical negligence and personal injury claims in the past, having secured over £90 million for previous clients. They are experts who can offer you support and guidance. So, contact us today:
- Call 0151 375 9916.
- Fill out the form on our Contact Us page.
More Information
For similar guides, please see here:
- What is general damages?
- What is a litigation friend?
- What is contributory negligence?
You might also find some useful information on these pages:
- NHS – 111 online service.
- Gov.UK – how to get Statutory Sick Pay (SSP) if you have needed time off work since being harmed.
- Royal College of Nursing (RCN) – learn about what a nurse’s duty of care entails.
Now that we have answered the question “What is negligence?”, you might feel ready to make a compensation claim enquiry. If you are, just know that our friendly advisors are happy to help you at any time that best suits you.
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