There are certain requirements that determine whether you can make a compensation claim. While every case is unique, and these are not the only requirements that may apply, they form the foundations of most types of abuse, medical negligence and personal injury claims in the UK. When we start to advance your case, our claims solicitors will be aiming to prove the following:

1. A duty of care was owed to you

We must show that the other party had a legal responsibility to act (or avoid acting) in a certain way toward you. This is known as a “duty of care.” It can be represented in many different ways. For example:

• Employers owe a duty of care to employees, which means they must provide a safe working environment.
• Road users have a duty of care to other road users and pedestrians, which compels them to drive safely and lawfully.
• Doctors owe a duty to provide care that meets a reasonable professional standard.
• Landlords have a duty to maintain properties that are safe and free from hazards.

In many cases, the duty of care is relatively straightforward to prove.

2. The duty of care was breached by the other party

After demonstrating that the duty of care exists, we must prove that the other party failed to meet the required standard of care. This might include:

• A driver causing a crash by failing to follow the rules of the road.
• An employer failing to provide the necessary personal protective equipment to prevent an illness or injury.
• The owner or operator of a business premises failing to meet health and safety standards and thereby causing an accident.
• A doctor making a medical error that a competent professional shouldn't have made.
• A person committing an act of violence against you.

This breach must be unreasonable or negligent. If something went wrong that couldn't have been avoided, it's unlikely that any of the parties listed above would be held accountable. However, in many cases, injuries are caused by scenarios that should have been prevented - whether because of an accident, a medical error or abusive behaviour.

3. You suffered harm

You need to demonstrate that the breach directly caused your injury. You will need to show that you have been diagnosed with a physical or psychological injury and tie this directly to the incident above to secure compensation. You can typically claim for:

• Physical injury or psychological harm.
• Financial losses (e.g. loss of earnings, cost of repairs).
• Damage to property.
• Deterioration of health due to delays or errors in medical care.

You must also show that these outcomes were reasonably foreseeable consequences of the breach. Your solicitor will rely on evidence such as your medical records, receipts for financial losses and travel expenses, and statements from witnesses who saw how your injury or illness arose.

Even with all of these factors successfully proved, there are other considerations that will determine whether or not you can claim. For most types of claim (including both medical negligence and personal injury claims), there are strict time limits within which you must start the process. You must begin your claim within three years from the date of your accident, or from when you became aware that negligent medical treatment caused you harm. In some cases, this limitation period may begin not from the date of the injury, but from when you became aware of it and connected it to the negligence that caused it.

If you are claiming on behalf of someone who is under the age of 18, or who lacks the mental capacity to claim for themselves, the time limit may not apply. Speak to our solicitors about your situation to learn more about your eligibility to claim and to start the process as soon as possible.