When it comes to personal injury claims, understanding the fundamentals of tort law is crucial.

Tort law is the area of the law that covers most civil suits. In general, any claim that arises in civil court, with the exception of contractual disputes, falls under tort law.

As a claimant, you must prove your case by establishing three key elements:

• Duty of Care: The defendant owed a duty of care to you.
• Breach of Duty: The defendant breached that duty.
• Causation: The breach caused you some damage.

Duty of Care

 Surprisingly, proving duty of care is often straightforward. Typically, a defendant owes some duty to the claimant and can continue to do so many years into the future beyond the act that caused the duty to arise. For instance, a builder using substandard materials remains liable if the building collapses years later. The claimant does not need to be known to the defendant. For example, in road accidents caused by negligent driving, the defendant owes a duty to all other road users.

Duty of care issues generally arise in the context of remoteness. A defendant usually does not owe a duty to individuals several steps removed from the negligent act. For example, if a son injures his back while carrying his father, who was initially injured by the defendant, the defendant typically isn’t liable for the son's injury.

Breach of Duty         

Proving a breach of duty is more complex. Consider the following scenarios:

• Is a supermarket liable if you slip on yogurt?
• Is your employer liable if a customer assaults you?
• Is a bus driver liable to his passengers if he brakes suddenly to avoid hitting a child?

Causation

The final element, causation, also presents challenges. For example, if you’re stationary in a car at traffic lights and someone runs into the back of you, it’s clear that the driver caused your injury.

However, complications arise when multiple factors contribute to the damage:

• Has your asthma resulted from workplace fumes or from smoking 20 cigarettes a day?
• Did an injury to your right knee result from compensating for a previous injury to your left ankle?

Making a personal injury claim

Navigating the personal injury claims process can feel overwhelming, but you don't have to go it alone. At Switalskis, we're here to guide you every step of the way. Here's a breakdown of how we handle your personal injury claim:

Step 1: Initial Consultation

Your journey begins with an initial consultation. During this meeting, we'll discuss the details of your case. This is our opportunity to understand what happened and for you to learn about our approach. We'll assess the strength of your claim and outline the next steps.

Step 2: Establishing Your Claim

With all the details in hand, we'll focus on establishing liability. This involves gathering evidence to prove that someone else was at fault for your injury. Our team will collect medical records, speak to witnesses, and may even visit the scene of the accident to build a strong case.

Step 3: Notifying the Defendant

Once we've gathered sufficient evidence, we'll formally notify the person or organisation responsible for your injury. This is typically done through a letter of claim, which outlines the details of your case and requests their views on liability.

Step 4: Negotiation

Most personal injury claims are settled out of court. We'll negotiate with the defendant or their insurance company to secure the best possible settlement for you. Our skilled negotiators are dedicated to ensuring you receive the compensation you deserve.

Step 5: Court Proceedings (if necessary)

If a fair settlement cannot be reached, we are prepared to take your case to court. Rest assured, we'll represent you effectively and fight for your rights every step of the way.

Step 6: Settlement and Compensation

Once your claim is successful, you'll receive your compensation. This can cover medical expenses, lost wages, and compensation for pain and suffering.

At Switalskis, we understand that the claims process can be daunting, but our goal is to make it as smooth and stress-free as possible. Let us handle the complexities so you can focus on your recovery.

Seek Expert Advice 

If you have been injured and it wasn’t your fault, consult an experienced personal injury lawyer. Even if you’ve been told you don’t have a claim, a specialist can provide valuable insights and help you understand your rights.

For more detailed information and to discuss your specific case, contact our personal injury team today. Call us on 0800 138 0458  or email help@switalskis.com.