Personal Injury?

in Example

In any personal injury matter, there has to be a breach of a duty of care. If say for example someone drives through a red light and then crashes, there is no one else to blame and so there is no claim. A key part to making such a claim is that the claimant must suffer damage. So if for example you tripped on a pavement but did not injure yourself, then you will not be able to claim compensation and will instead have to be content with writing a letter of complaint to the council. The most common types of personal injury claims can be categorised as follows:

Road Traffic Accidents
The driver of a vehicle may be able to claim if there is a collision and they are injured. This situation may arise where for example the third party pulls out of a junction without looking and collides into the driver. It is also possible for passengers to make a claim against either the driver of the vehicle they were in or against the driver of another car, depending on who was at fault. Finally, a claim could be made by a pedestrian against a driver - for example where a car knocks over someone crossing the road.

Employers Liability
A duty of care is owed by an employer to an employee. An employee may for example trip over a computer cable in an office, lift something too heavy and pull a muscle or trap a hand in a machine. This would raise a strong presumption of fault by the employer.

There could also be claims for occupational stress, where for example deadlines, volumes of work and instructions from numerous colleagues can lead to burnout. An employer can be liable for such work related stress.
Alternatively, an employee could suffer some form of occupational disease such as breathing or skin problems caused by exposure to contaminants.

Public Liability
A third type is known as public liability, so if for example someone was to trip over an un-level paving slab or slipped on something in a supermarket and injured themselves, then the council or the supermarket could be held liable for this.

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Vishal Kumar Sharma has 1 articles online

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This article was published on 2010/03/31